§ 1760. Miscellaneous provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   National School Lunch Act

   Pub. L. 79–281 § 12 · 60 Stat. 230

   Enacted · 42 U.S.C. § 1760

   June 4, 1946, ch. 281, § 12, formerly § 11, 60 Stat. 233

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   June 4, 1946, ch. 281, § 12, formerly § 11, 60 Stat. 233

   Enacted provision · exact public law section
   Sec. 11. miscellaneous provisions and definitions (a) States, State educational agencies, and schools participating Accounts and records. in the school-lunch program under this Act shall keep such accounts and records as may be necessary to enable the Secretary to determine whether the provisions of this Act are being complied with. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines is necessary. (b) The Secretary shall incorporate, in his agreements with the Operation of program. State educational agencies, the express requirements under this Act with respect to the operation of the school-lunch program under this Act insofar as they may be. applicable and such other provisions as in his opinion are reasonably necessary or appropriate to effectuate the purposes of this Act. (c) In carrying out the provisions of this Act, neither the Secretary Teaching personnel, etc. nor the State shall impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and Minority races. materials of instruction in any school. If a State maintains separate schools for minority and for majority races, no funds made available pursuant to this Act shall be paid or disbursed to it unless a just and equitable distribution is made within the State, for the benefit of such minority races, of funds paid to it under this Act. (d) For the purposes of this Act— (1) “State.” “State” includes any of the forty-eight States and the District of Columbia, Territory of Hawaii, Puerto Rico, Alaska, and the Virgin Islands. (2) “State educational agency.” “State educational agency” means, as the State legislature may determine, (a) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (b) a board of education controlling the State department of education; except that in the District of Columbia it shall mean the Board of Education, and except that for the period ending June 30, 1948, “State educational agency” may mean any agency or agencies within the State designated by the Governor to carry out the functions herein required of a State educational agency. (3) “Nonprofit private school.”53 Stat. 33.26 U. S. C. § 101 (6). “Nonprofit private school” means any private school exempt from income tax under section 101 (6) of the Internal Revenue Code, as amended. (4) “Nonfood assistance.” “Nonfood assistance” means equipment used on school premises in storing, preparing, or serving food for school children.

2. 1952

   Public Law not identified

   Changed · 42 U.S.C. § 1760(d)(1)

   Subsec. (d)(1). Act July 12, 1952, included Guam within definition of State

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d)(1). Act July 12, 1952, included Guam within definition of State.

3. 1962

   Pub. L. 87–688 § 3(a) · 76 Stat. 586

   Inserted · 42 U.S.C. § 1760(d)

   Pub. L. 87–688 inserted “American Samoa,” after “Guam”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 87–688 inserted “American Samoa,” after “Guam”.

   Enacted provision · exact public law section
   (a) The National School Lunch Act (42 U.S.C. 1751 et seq.) 60 Stat. 230. is amended by inserting “American Samoa,” after “Guam,” wherever appearing in such Act, except that after “the apportionment for Guam,” in section 4, such Act is amended by inserting the following 66 Stat. 591. 42 USC 1753. : “the apportionment for American Samoa,”.

4. 1962

   Pub. L. 87–823 § 5 · 76 Stat. 944

   Struck · 42 U.S.C. § 1760(c)

   Pub. L. 87–823 struck out requirement of just and equitable distribution of funds in States maintaining separate schools for minority and majority races

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–823 struck out requirement of just and equitable distribution of funds in States maintaining separate schools for minority and majority races.

   Enacted provision · exact public law section
   Sec. 5. Section 11 of the National School Lunch Act is redesignated 42 USC 1760. as section 12 and subsections (c) and (d) thereof are amended to read as follows: “(c) In carrying out the provisions of this Act, neither the Secretary nor the State shall impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school. “(d) For the purposes of this Act— Definitions. “(1) ‘State’ means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa. “(2) ‘State educational agency’ means, as the State legislature may determine, (A) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (B) a board of education controlling the State department of education. “(3) ‘Nonprofit private school’ means any private school exempt from income tax under section 501(c) (3) of the Internal Revenue Code of 1954. 68A Stat. 163. 26 USC 501. “(4) ‘Nonfood assistance’ means equipment used by schools in storing, preparing, or serving food for schoolchildren. “(5) ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 9, served in the preceding fiscal year by schools 42 USC 1758. participating in the program under this Act in the State, as determined by the Secretary. “(6) ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case or any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967. “(7) ‘School’ means any public or nonprofit private school of high school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico.”

5. 1962

   Pub. L. 87–823 § 5 · 76 Stat. 944

   1. Substituted · 42 U.S.C. § 1760(d)

      Pub. L. 87–823 redefined “State” in par. (1) to recognize Hawaiian and Alaskan statehood and to include American Samoa; “State educational agency” in par. (2) to exclude an exception applicable to the District of Columbia and language which was effective by its terms only through June 30, 1948; “nonprofit private school” in par. (3), substituting “section 501(c)(3) of title 26” for “section 101(6) of title 26”; and “nonfood assistance” in par. (4)

   2. Substituted · 42 U.S.C. § 1760(d)

      Pub. L. 87–823 redefined “State” in par. (1) to recognize Hawaiian and Alaskan statehood and to include American Samoa; “State educational agency” in par. (2) to exclude an exception applicable to the District of Columbia and language which was effective by its terms only through June 30, 1948; “nonprofit private school” in par. (3), substituting “used by schools” for “used on school premises”;

   3. Added · 42 U.S.C. § 1760(d)

      Pub. L. 87–823 redefined “State” in par. (1) to recognize Hawaiian and Alaskan statehood and to include American Samoa; “State educational agency” in par. (2) to exclude an exception applicable to the District of Columbia and language which was effective by its terms only through June 30, 1948; “nonprofit private school” in par. (3), added pars. (5) to (7)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 87–823 redefined “State” in par. (1) to recognize Hawaiian and Alaskan statehood and to include American Samoa; “State educational agency” in par. (2) to exclude an exception applicable to the District of Columbia and language which was effective by its terms only through June 30, 1948; “nonprofit private school” in par. (3), substituting “section 501(c)(3) of title 26” for “section 101(6) of title 26”; and “nonfood assistance” in par. (4), substituting “used by schools” for “used on school premises”; and added pars. (5) to (7).

   Enacted provision · exact public law section
   Sec. 5. Section 11 of the National School Lunch Act is redesignated 42 USC 1760. as section 12 and subsections (c) and (d) thereof are amended to read as follows: “(c) In carrying out the provisions of this Act, neither the Secretary nor the State shall impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school. “(d) For the purposes of this Act— Definitions. “(1) ‘State’ means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa. “(2) ‘State educational agency’ means, as the State legislature may determine, (A) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (B) a board of education controlling the State department of education. “(3) ‘Nonprofit private school’ means any private school exempt from income tax under section 501(c) (3) of the Internal Revenue Code of 1954. 68A Stat. 163. 26 USC 501. “(4) ‘Nonfood assistance’ means equipment used by schools in storing, preparing, or serving food for schoolchildren. “(5) ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 9, served in the preceding fiscal year by schools 42 USC 1758. participating in the program under this Act in the State, as determined by the Secretary. “(6) ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case or any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967. “(7) ‘School’ means any public or nonprofit private school of high school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico.”

6. 1970

   Pub. L. 91–248 § 1(b) · 84 Stat. 207

   Changed · 42 U.S.C. § 1760(d)(5)

   Pub. L. 91–248 provided that data upon which State apportionments are calculated is program year completed two years immediately prior to fiscal year for which appropriation is requested

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 91–248 provided that data upon which State apportionments are calculated is program year completed two years immediately prior to fiscal year for which appropriation is requested.

   Enacted provision · exact public law section
   (b) The first sentence of section 10 of the National School Lunch Act and the first sentence of section 12(d)(5) of such Act are each amended by striking the words “preceding fiscal year” and inserting in lieu thereof the following: “fiscal year beginning two years immediately prior to the fiscal year for which the Federal funds are appropriated”.

7. 1975

   National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975

   Pub. L. 94–105 § 9(b) · 89 Stat. 511

   Inserted · 42 U.S.C. § 1760(d)(1)

   Pub. L. 94–105, § 9(b), inserted reference to Trust Territory of the Pacific Islands

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 94–105, § 9(b), inserted reference to Trust Territory of the Pacific Islands.

   Enacted provision · exact public law section
   (b) Section 12(d) (1) of the National School Lunch Act is amended by striking out “or American Samoa” and inserting in lieu thereof “American Samoa, or the Trust Territory of the Pacific Islands”.

8. 1975

   National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975

   Pub. L. 94–105 § 9(a) · 89 Stat. 511

   1. Struck · 42 U.S.C. § 1760(d)(3)(7)

      Pub. L. 94–105, § 9(a), (c), struck out par. (3) defining “Nonprofit private schools”

   2. Redesignated · 42 U.S.C. § 1760(d)(3)(7)

      Pub. L. 94–105, § 9(a), (c), redesignated pars. (4) to (7) as (3) to (6), respectively, and in par. (6), as so redesignated, expanded definition of “school” to include any public or licensed nonprofit private residential child care institution, including, but not limited to, orphanages and homes for the mentally retarded

   3. Inserted · 42 U.S.C. § 1760(d)(3)(7)

      Pub. L. 94–105, § 9(a), (c), inserted provision defining “nonprofit” as any school or institution exempt under section 501(c)(3) of title 26

   Source evidence

   Code amendment note
   Subsec. (d)(3) to (7). Pub. L. 94–105, § 9(a), (c), struck out par. (3) defining “Nonprofit private schools”, redesignated pars. (4) to (7) as (3) to (6), respectively, and in par. (6), as so redesignated, expanded definition of “school” to include any public or licensed nonprofit private residential child care institution, including, but not limited to, orphanages and homes for the mentally retarded, and inserted provision defining “nonprofit” as any school or institution exempt under section 501(c)(3) of title 26.

   Enacted provision · exact public law section
   (a) Section 12(d) of the National School Lunch Act is amended by striking out paragraph (8) and by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively.

9. 1975

   National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975

   Pub. L. 94–105 § 9(d) · 89 Stat. 511

   Added · 42 U.S.C. § 1760(e)

   Pub. L. 94–105, § 9(d), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–105, § 9(d), added subsec. (e).

   Enacted provision · exact public law section
   (d) Section 12 of the National School Lunch Act is amended by adding at the end thereof the following new subsection (e): “(e) The value of assistance to children under this Act shall not be considered to be income or resources for any purposes under any Federal or State laws, including laws relating to taxation and welfare and public assistance programs.”.

10. 1977

    National School Lunch Act and Child Nutrition Amendments of 1977

    Pub. L. 95–166 § 3 · 91 Stat. 1325

    Substituted · 42 U.S.C. § 1760(d)(3)

    Pub. L. 95–166, § 3, substituted “food service equipment assistance” for “nonfood assistance”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 95–166, § 3, substituted “food service equipment assistance” for “nonfood assistance”.

    Enacted provision · exact public law section
    Sec. 3. conforming amendment The National School Lunch Act and the Child Nutrition Act of 1966 are each amended by striking out “nonfood assistance” each time such phrase appears in such Acts and by inserting in lieu thereof “food service equipment assistance”. The heading of section 5 of the 42 USC 1754. National School Lunch Act is amended to read “food service equipment assistance”, and the heading of section 5 of the Child Nutrition 42 USC 1774. Act of 1966 is amended to read “food service equipment assistance”.

11. 1977

    National School Lunch Act and Child Nutrition Amendments of 1977

    Pub. L. 95–166 § 19(c) · 91 Stat. 1325

    Added · 42 U.S.C. § 1760(d)(7)

    Pub. L. 95–166, § 19(c), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 95–166, § 19(c), added par. (7).

    Enacted provision · exact public law section
    (c) inserting at the end of section 12(d) of the Act a new paragraph “School year.” 42 USC 1760. (7) as follows: “(7) ‘School year means the annual period determined in accordance with regulations issued by the Secretary.”; and

12. 1978

    Health Services and Centers Amendments of 1978

    Pub. L. 95–627 § 10(b) · 92 Stat. 3603

    Substituted · 42 U.S.C. § 1760(d)(7)

    Pub. L. 95–627, § 10(b), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 95–627, § 10(b), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”.

    Enacted provision · exact public law section
    (b) Section 12(d) (7) of the National School Lunch Act is amended to read as follows: “(7) “School year.” ‘School year’ means the annual period from July 1 through June 30.”.

13. 1978

    Health Services and Centers Amendments of 1978

    Pub. L. 95–627 § 10(a) · 92 Stat. 3603

    Added · 42 U.S.C. § 1760(f); 42 U.S.C. § 1760(g)

    Pub. L. 95–627, § 10(a), added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 95–627, § 10(a), added subsecs. (f) and (g).

    Enacted provision · exact public law section
    (a) Section 12 of the National School Lunch Act is amended 42 USC 1760. by adding at the end thereof new subsections (f) and (g) as follows: “(f) In providing assistance for school breakfasts and lunches served in Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the Secretary may establish appropriate adjustments for each such State to the national average payment rates prescribed under sections 4 and 11 of this Act and section 4 of the Child Nutrition Act of 1966, 42 USC 1754, 1759a. 42 USC 1773. to reflect the differences between the costs of providing lunches and breakfasts in those States and the costs of providing lunches and breakfasts in all other States. “(g) Whoever embezzles, willfully misapplies, steals, or obtains by Penalty. fraud any funds, assets, or property that are the subject of a grant or other form of assistance under this Act or the Child Nutrition Act of 1966, whether received directly or indirectly from the United States 42 USC 1771 note. Department of Agriculture, or whoever receives, conceals, or retains such funds, assets, or property to his use or gain, knowing such funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds, assets, or property are of the value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both, or, if such funds, assets, or property are of a value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”.

14. 1978

    Health Services and Centers Amendments of 1978

    Pub. L. 95–627 § 6(a) · 92 Stat. 3603

    Added · 42 U.S.C. § 1760(h)

    Pub. L. 95–627, § 6(a), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 95–627, § 6(a), added subsec. (h).

    Enacted provision · exact public law section
    (a) (1) Section 12 of the National School Lunch Act is amended by adding at the end thereof a new subsection (h) as follows: “(h) 42 USC 1771 note. No provision of this Act or of the Child Nutrition Act of 1966 shall require any school receiving funds under this Act and the Child Nutrition Act of 1966 to account separately for the cost incurred in the school lunch and school breakfast programs. In no event, however, shall reimbursement to school food authorities exceed the net cost of operating both the lunch and breakfast programs, taking into account the total costs and total incomes of both programs.”.

15. 1980

    Pub. L. 96–499 title II § 205 · 94 Stat. 2599

    Inserted · 42 U.S.C. § 1760(d)(6)

    Pub. L. 96–499 inserted “, but excluding Job Corps Centers funded by the Department of Labor”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 96–499 inserted “, but excluding Job Corps Centers funded by the Department of Labor”.

    Enacted provision · exact public law section
    Sec. 205. miscellaneous provisions and definitions, national school lunch act Section 12(d) of the National School Lunch Act is amended 42 USC 1760. by inserting in paragraph (6) “, but excluding Job Corps Centers funded by the Department of Labor” after “retarded”.

16. 1981

    Pub. L. 97–35 § 819(c)(1) · 95 Stat. 357

    1. Struck · 42 U.S.C. § 1760(d)

       Pub. L. 97–35, § 819(c)(1), struck out par. (3) which defined “food service equipment assistance”

    2. Redesignated · 42 U.S.C. § 1760(d)

       Pub. L. 97–35, § 819(c)(1), redesignated pars. (4) to (8) as (3) to (7), respectively

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–35, § 819(c)(1), struck out par. (3) which defined “food service equipment assistance”, and redesignated pars. (4) to (8) as (3) to (7), respectively.

    Enacted provision · exact public law section
    (1) in subsection (d)— (A) by striking out paragraph (3); and (B) by redesignating paragraphs (4) through (8) (and any references thereto) as paragraphs (3) through (7), respectively; and

17. 1981

    Pub. L. 97–35 § 808(a) · 95 Stat. 357

    Inserted · 42 U.S.C. § 1760(d)

    Pub. L. 97–35, § 808(a), inserted reference to private schools in par. (6)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–35, § 808(a), inserted reference to private schools in par. (6).

    Enacted provision · exact public law section
    (a) Section 12(d)(6) of the National School Lunch Act 42 USC 1760. amended by inserting in the first sentence “except private schools whose average yearly tuition exceeds $1,500 per child,” after “under,”.

18. 1981

    Pub. L. 97–35 § 813(d) · 95 Stat. 357

    Added · 42 U.S.C. § 1760(d)

    Pub. L. 97–35, § 813(d), added par. (8)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–35, § 813(d), added par. (8).

    Enacted provision · exact public law section
    (d) Section 12(d) of the National School Lunch Act is further amended by adding at the end thereof the following new paragraph: “(8) ‘Commodity only schools’ means schools that do not participate in the school lunch program under this Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.”

19. 1981

    Pub. L. 97–35 § 819(c)(2) · 95 Stat. 357

    Struck · 42 U.S.C. § 1760(h)

    Pub. L. 97–35, § 819(c)(2), struck out provisions relating to net cost of operating limitation

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 97–35, § 819(c)(2), struck out provisions relating to net cost of operating limitation.

    Enacted provision · exact public law section
    (2) by striking out the second sentence of subsection (h).

20. 1986

    Pub. L. 99–500 title III · 100 Stat. 1783-361

    Struck · 42 U.S.C. § 1760(d)(5)(A)

    Pub. L. 99–500 and Pub. L. 99–591, § 325(a), which directed the amendment of subpar. (A) by striking out “except private schools whose average yearly tuition exceeds $1,500 per child,” after “grade or under,” was executed by striking out “except private schools whose average yearly tuition exceeds $2,000 per child,” after “grade or under,” to reflect the probable intent of Congress and the intervening amendment of subpar. (A) by Pub. L. 99–661, § 4205(a)(1). See below

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(A). Pub. L. 99–500 and Pub. L. 99–591, § 325(a), which directed the amendment of subpar. (A) by striking out “except private schools whose average yearly tuition exceeds $1,500 per child,” after “grade or under,” was executed by striking out “except private schools whose average yearly tuition exceeds $2,000 per child,” after “grade or under,” to reflect the probable intent of Congress and the intervening amendment of subpar. (A) by Pub. L. 99–661, § 4205(a)(1). See below.

21. 1986

    Pub. L. 99–500 title III · 100 Stat. 1783-361

    1. Amended · 42 U.S.C. § 1760(d)(8)

       Pub. L. 99–500 and Pub. L. 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), amended subsec. (d) identically

    2. Added · 42 U.S.C. § 1760(d)(8)

       Pub. L. 99–500 and Pub. L. 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), adding par. (8)

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 99–500 and Pub. L. 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), amended subsec. (d) identically, adding par. (8).

22. 1986

    Pub. L. 99–500 title III · 100 Stat. 1783-361

    1. Amended · 42 U.S.C. § 1760(i)

       Pub. L. 99–500 and Pub. L. 99–591, § 326, and Pub. L. 99–661, § 4206, amended section identically

    2. Added · 42 U.S.C. § 1760(i)

       Pub. L. 99–500 and Pub. L. 99–591, § 326, and Pub. L. 99–661, § 4206, adding subsec. (i)

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 99–500 and Pub. L. 99–591, § 326, and Pub. L. 99–661, § 4206, amended section identically, adding subsec. (i).

23. 1986

    Child Nutrition Amendments of 1986

    Pub. L. 99–661 § 4205(a)(2) · 100 Stat. 3816

    Inserted · 42 U.S.C. § 1760(d)(5)

    Pub. L. 99–661, § 4205(a)(2), inserted “On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 99–661, § 4205(a)(2), inserted “On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new sentence: “On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”.

24. 1986

    Child Nutrition Amendments of 1986

    Pub. L. 99–661 § 4205(a)(1) · 100 Stat. 3816

    Substituted · 42 U.S.C. § 1760(d)(5)(A)

    Pub. L. 99–661, § 4205(a)(1), substituted “$2,000” for “$1,500”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–661, § 4205(a)(1), substituted “$2,000” for “$1,500”.

    Enacted provision · exact public law section
    (1) in clause (A) of the first sentence, by striking out “$1,500” and inserting in lieu thereof “$2,000”; and

25. 1987

    Pub. L. 100–71 title I § 101(a) · 101 Stat. 391

    Amended · 42 U.S.C. § 1760(d)(5)

    Pub. L. 100–71 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “ ‘School’ means (A) any public or nonprofit private school of high school grade or under, (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this paragraph, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 100–71 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “ ‘School’ means (A) any public or nonprofit private school of high school grade or under, (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this paragraph, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.”

26. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 312(1) · 103 Stat. 877

    Substituted · 42 U.S.C. § 1760(a)

    Pub. L. 101–147, § 312(1), substituted “school lunch” for “school-lunch”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–147, § 312(1), substituted “school lunch” for “school-lunch”.

    Enacted provision · exact public law section
    (1) by striking “school-lunch” each place it appears and inserting “school lunch”;

27. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 title III · 103 Stat. 877

    1. Substituted · 42 U.S.C. § 1760(b)

       Pub. L. 101–147, §§ 306(b)(1), 312(1), substituted “the Secretary’s” for “his”

    2. Substituted · 42 U.S.C. § 1760(b)

       Pub. L. 101–147, §§ 306(b)(1), 312(1), substituted “school lunch” for “school-lunch”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–147, §§ 306(b)(1), 312(1), substituted “the Secretary’s” for “his” in two places and “school lunch” for “school-lunch”.

    Enacted provision · exact public law
    TITLE III— TECHNICAL AMENDMENTS PART A— AMENDMENTS TO THE NATIONAL SCHOOL LUNCH ACT SEC. 301. APPORTIONMENTS TO STATES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting before section 4 the following new heading: “apportionments to states”. SEC. 302. DIRECT FEDERAL EXPENDITURES. Section 6(a) of the National School Lunch Act (42 U.S.C. 1755(a)) is amended— (1) in paragraph (1), by striking “his” and inserting “the Secretary’s”; (2) in paragraph (2), by striking “him” and inserting “the Secretary”; and (3) in the matter following paragraph (3)— (A) by striking “him” and inserting “the Secretary”; (B) by striking “(50 Stat. 323)”; and (C) by striking “(49 Stat. 774), as amended”. SEC 303. PAYMENTS TO STATES. (a) Insertion of Section Heading.— The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting before section 7 the following new heading: (b) Correction of Typographical Error.— Paragraph (2) of section 7(a) of the National School Lunch Act (42 U.S.C. 1756(a)) is amended by striking “the the” and inserting “the”. SEC. 304. STATE DISBURSEMENT TO SCHOOLS. Subsection (d) of section 8 of the National School Lunch Act (as designated by section 201 of this Act) (42 U.S.C. 1757) is amended— (1) by striking “persons” and inserting “individuals”; (2) by striking “to be mentally or physically handicapped” and inserting “to have 1 or more mental or physical handicaps”; and (3) by striking “for mentally or physically handicapped” and inserting “for individuals with mental or physical handicaps”. SEC. 305. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS. (a) Elimination of Duplicate Provision.— Section 9(e) of the National School Lunch Act (42 U.S.C. 1758(e)), as similarly added first by section 324 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–361), later by section 324 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–364), and later by section 4204 of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted. (b) Miscellaneous Technical Amendments.— Section 9 of the National School Lunch Act (as amended by sections 101 and 202 of this Act and subsection (a) of this section) (42 U.S.C. 1758) is amended— (1) by striking “family-size” each place it appears and inserting “family size”; and (2) in subsection (c)— (A) in the first sentence, by striking “School-lunch” and inserting “School lunch”; (B) in the third sentence, by striking “(49 Stat. 774), as amended”; and (C) in the fourth sentence, by striking “, as amended,” each place it appears. SEC. 306. MISCELLANEOUS PROVISIONS AND DEFINITIONS. (a) Eumination of Duplicate Provisions.— (1) Definition of secretary.— Section 12(d)(8) of the National School Lunch Act (42 U.S.C. 1760(d)(8)), as similarly added first by section 373(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–369), later by section 373(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–372), and later by section 4503(a) of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted. (2) Use of school lunch facilities for elderly programs.— Section 12(i) of the National School Lunch Act (42 U.S.C. 1760(i)), as similarly added first by section 326 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–361), later by section 326 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–365), and later by section 4206 of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted. (b) Miscellaneous Technical Amendments—Section 12 of the National School Lunch Act (as amended by subsection (a)) (42 U.S.C. 1760) is amended— (1) in subsection (b), by striking “his” each place it appears and inserting “the Secretary’s”; (2) in paragraph (5) of subsection (d), by striking “Internal Revenue Code of 1954” and inserting “Internal Revenue Code of 1986”; (3) in subsection (g), by striking “his” and inserting “personal”; and (4) in subsection (i) (as amended by subsection (a)(2))— (A) by striking “(42 U.S.C. 1771 et seq.)”; and (B) by striking “(42 U.S.C. 3001 et seq.)”. SEC. 307. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. Section 13 of the National School Lunch Act (as amended by section 102 of this Act) (42 U.S.C. 1761) is amended— (1) in subsection (d), by striking “July 1,” and inserting “July 1”; (2) in the third sentence of subsection (f), by striking “prescribed” and inserting “prescribe”; (3) in the first sentence of subsection (g), by striking “: Provided” and all that follows through “respectively”; and (4) in subsection (h)— (A) by striking “(7 U.S.C. 1431)”; (B) by striking “(7 U.S.C. 612c)”; and (C) by striking “(7 U.S.C. 1446a-l)”. SEC. 308. REPEAL OF OBSOLETE PROVISION RELATING TO TEMPORARY EMERGENCY ASSISTANCE. Section 13A of the National School Lunch Act (42 U.S.C. 1762) is repealed. SEC. 309. ELECTION TO RECEIVE CASH PAYMENTS. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended 42 USC 1765. by inserting before section 16 the following new heading: SEC. 310. CHILD CARE FOOD PROGRAM. (a) Miscellaneous Technical Amendments.— Section 17 of the National School Lunch Act (as amended by sections 105, 131, and 204 of this Act) (42 U.S.C. 1766) is amended— (1) in subsection (a), by striking “handicapped children” each Hnadicapped persons. place it appears and inserting “children with handicaps”; (2) in the second sentence of subsection (d)91) (as redesignated by section 204(1) of this Act), by striking “Internal Revenue Code of 1954” and inserting “Internal Revenue Code of 1986”; (3) in subsection (f)— (A) in paragraph (1), by striking “day-care” and inserting “day care”; and (B) in subparagraph (B) of paragraph (2), by striking the second period; and (4) by striking subsection (k) (and redesignating the succeeding subsections accordingly). (b) Elimination of Duplicate Provision.— Section 17(e) of the National School Lunch Act (42 U.S.C. 1766(e)), as similarly amended first by section 361 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–367), later by section 361 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–370), and later by section 4401 of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted. SEC. 311. PILOT PROJECTS. Section 18 of the National School Lunch Act (42 U.S.C. 1769) (as amended by sections 107 and 205 of this Act) is amended— (1) by striking subsections (a), (b), and (c), and redesignating the succeeding subsections accordingly; and (2) in subsection (a) (as redesignated by paragraph (1))— (A) by striking “(42 U.S.C. 1771 et seq.)”; and (B) by striking “(42 U.S.C. 1774)”. SEC. 312. GENERAL AMENDMENTS. The National School Lunch Act (as otherwise amended by this Act) (42 U.S.C. 1751 et seq.) is amended— (1) by striking “school-lunch” each place it appears and inserting “school lunch”; (2) by striking “reduced-price” each place it appears and inserting “reduced price”; and (3) by striking “special-assistance” each place it appears and inserting “special assistance”. PART B— AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966 SEC. 321. SPECIAL MILK PROGRAM AUTHORIZATION. Section 3(a) of the Child Nutrition Act of 1966 (as amended by section 211 of this Act) (42 U.S.C. 1772(a)) is amended— (1) in the first sentence of paragraph (1), by striking “he” and inserting “the Secretary”; (2) in paragraph (2), by striking “(42 U.S.C. 1751 et seq.)”; (3) in paragraph (4), by striking “he” and inserting “the Secretary”; and (4) in paragraph (5), by striking “their” and inserting “its”. SEC. 322. SCHOOL BREAKFAST PROGRAM AUTHORIZATION. Section 4 of the Child Nutrition Act of 1966 (as amended by sections 121 and 212 of this Act) (42 U.S.C. 1773) is amended— (1) by striking “reduced-price” each place it appears and inserting “reduced price”; and (2) in paragraph (3) of subsection (b), by striking “(42 U.S.C. 1766)”. SEC. 323. REGULATIONS. 42 USC 1779. The first sentence of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by striking “he” and inserting “the Secretary”. SEC. 314. APPROPRIATIONS FOR ADMINISTRATIVE EXPENSE. (a) Insertion of Section Heading.— The Child Nutrition Act of 1966 (42 US.C. 1771 et seq.) is amended by inserting before section 14 the following heading: (b) Elimination of Gender-Specific Possessive Pronoun.— Section 14 of the Child Nutrition Act of 1966 (42 U.S.C. 1783) is amended— (1) by striking “is” and inserting “are”; and (2) by striking “his” and inserting “the Secretary’s”. SEC. 325. MISCELLANEOUS PROVISIONS AND DEFINITIONS. Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is amended— (1) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (3) in paragraph (3) (as redesignated by paragraph (2) of this section), by striking “Internal Revenue Code of 1954” and inserting “Internal Revenue Code of 1986”; and (4) in paragraph (6) (as redesignated by paragraph (2) of this section)— (A) by striking “to be mentally or physically handicapped” Handicapped persons. and inserting “to have 1 or more mental or physical handicaps”; and (B) by striking “for mentally or physically handicapped” and inserting “for individuals with mental or physical handicaps”. SEC. 326. SPECIAL SUPPLEMENTAL FOOD PROGRAM. (a) Elimination of Duplicate Provisions.— (1) State eligibility for wic funds.— Section 17(c)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(c)(4)), as similarly amended first by section 342(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–367) and later by section 4302(a) of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if the later amendment had not been enacted. (2) Biennial report.— Section 17(d)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(4)), as similarly amended first by section 343(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–367) and later by section 4303(a) of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if the later amendment had not been enacted. (b) Miscellaneous Technical Amendments.— Section 17 of the Child Nutrition Act of 1966 (as amended by sections 123 and 213 of this Act and subsection (a) of this section) (42 U.S.C. 1786) is amended— (1) in paragraph (3) of subsection (c), by striking “section 1304 of the Food and Agriculture Act of 1977” and inserting “section 4 of the Agriculture and Consumer Protection Act of 1973”; (2) in subsection (d)— (A) by moving the margin of paragraph (4) 2 ems to the left, so that the left margin of such paragraph is indented 2 ems and is aligned with the margin of paragraph (3); and (B) in paragraph (4), by moving the margins of subparagraphs (A) through (C) 2 ems to the left, so that the left margin of each such subparagraph is indented 4 ems; (3) in subsection (f)— (A) in paragraph (8), by striking “persons” each place it appears and inserting “individuals”; (B) in paragraph (10)— (i) by striking “a person” and inserting “an individual”; (ii) by striking “person’s” and inserting “individual’s”; and (iii) by striking “the person” and inserting “the individual”; and (C) by moving the margin of paragraph (17) 2 ems to the left, so that the left margin of such paragraph is indented 2 ems and is aligned with the margin of paragraph (16); (4) in subsection (m)— (A) in subparagraph (B) of paragraph (7), by striking “(7 U.S.C. 2011 et seq.)”; and (B) in subparagraph (A) of paragraph (11), by striking “person” and inserting “individual”; and (5) in paragraph (1) of subsection (n), by striking “this Act” and inserting “the Anti-Drug Abuse Act of 1988”. SEC. 327. NUTRITION EDUCATION AND TRAINING. Section 19 of the Child Nutrition Act of 1966 (as amended by sections 124 and 214 of this Act) (42 U.S.C. 1788) is amended— (1) in subsection (d)— (A) in paragraph (2), by striking the semicolon each place it appears and inserting a comma; (B) in the first sentence of paragraph (4)— (i) by striking “(12 Stat.” and all that follows through “308)”; and (ii) by striking “(26 Stat.” and all that follows through “328)”; and (C) in paragraph (5)— (i) by striking “(12 Stat.” and all that follows through “308)”; and (ii) by striking “(26 Stat.” and all that follows through “328)”; and (2) in paragraph (3) of subsection (h)— (A) by striking “(12 Stat.” and all that follows through “308)”; and (B) by striking “(26 Stat.” and all that follows through “328)”.

28. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 306(b)(2) · 103 Stat. 877

    Substituted · 42 U.S.C. § 1760(d)(5)

    Pub. L. 101–147, § 306(b)(2), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 101–147, § 306(b)(2), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

    Enacted provision · exact public law section
    (2) in paragraph (5) of subsection (d), by striking “Internal Revenue Code of 1954” and inserting “Internal Revenue Code of 1986”;

29. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 306(a)(1) · 103 Stat. 877

    Amended · 42 U.S.C. § 1760(d)(8)

    Pub. L. 101–147, § 306(a)(1), amended par. (8), as amended identically by Pub. L. 99–500 and 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), to read as if only the amendment by Pub. L. 99–661 was enacted, resulting in no change in text, see 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 101–147, § 306(a)(1), amended par. (8), as amended identically by Pub. L. 99–500 and 99–591, § 373(a), and Pub. L. 99–661, § 4503(a), to read as if only the amendment by Pub. L. 99–661 was enacted, resulting in no change in text, see 1986 Amendment note below.

    Enacted provision · exact public law section
    (1) Definition of secretary.— Section 12(d)(8) of the National School Lunch Act (42 U.S.C. 1760(d)(8)), as similarly added first by section 373(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–369), later by section 373(a) of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–372), and later by section 4503(a) of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted.

30. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 306(b)(3) · 103 Stat. 877

    Substituted · 42 U.S.C. § 1760(g)

    Pub. L. 101–147, § 306(b)(3), substituted “personal” for “his” before “use”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–147, § 306(b)(3), substituted “personal” for “his” before “use”.

    Enacted provision · exact public law section
    (3) in subsection (g), by striking “his” and inserting “personal”; and

31. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 306(b)(4) · 103 Stat. 877

    Struck · 42 U.S.C. § 1760(i)

    Pub. L. 101–147, § 306(b)(4), struck out “(42 U.S.C. 1771 et seq.)” after “Child Nutrition Act of 1966” and “(42 U.S.C. 3001 et seq.)” after “Older Americans Act of 1965”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–147, § 306(b)(4), struck out “(42 U.S.C. 1771 et seq.)” after “Child Nutrition Act of 1966” and “(42 U.S.C. 3001 et seq.)” after “Older Americans Act of 1965”.

    Enacted provision · exact public law section
    (4) in subsection (i) (as amended by subsection (a)(2))— (A) by striking “(42 U.S.C. 1771 et seq.)”; and (B) by striking “(42 U.S.C. 3001 et seq.)”.

32. 1989

    Child Nutrition and WIC Reauthorization Act of 1989

    Pub. L. 101–147 § 306(a)(2) · 103 Stat. 877

    Amended · 42 U.S.C. § 1760(i)

    Pub. L. 101–147, § 306(a)(2), amended subsec. (i), as amended identically by Pub. L. 99–500 and 99–591, § 326, and Pub. L. 99–661, § 4206, to read as if only the amendment by Pub. L. 99–661 was enacted, resulting in no change in text, see 1986 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–147, § 306(a)(2), amended subsec. (i), as amended identically by Pub. L. 99–500 and 99–591, § 326, and Pub. L. 99–661, § 4206, to read as if only the amendment by Pub. L. 99–661 was enacted, resulting in no change in text, see 1986 Amendment note below.

    Enacted provision · exact public law section
    (2) Use of school lunch facilities for elderly programs.— Section 12(i) of the National School Lunch Act (42 U.S.C. 1760(i)), as similarly added first by section 326 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–500 (100 Stat. 1783–361), later by section 326 of the School Lunch and Child Nutrition Amendments of 1986, as contained in Public Law 99–591 (100 Stat. 3341–365), and later by section 4206 of the Child Nutrition Amendments of 1986, as contained in the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), is amended to read as if only the latest amendment was enacted.

33. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 § 112(a)(1) · 108 Stat. 4699

    Struck · 42 U.S.C. § 1760(d)(5)

    Pub. L. 103–448, § 112(a)(1), in first sentence struck out cl. (C) which read as follows: “with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico” and in second sentence struck out “of clauses (A) and (B)” after “For purposes”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 103–448, § 112(a)(1), in first sentence struck out cl. (C) which read as follows: “with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico” and in second sentence struck out “of clauses (A) and (B)” after “For purposes”.

    Enacted provision · exact public law section
    (1) In general.— Section 12(d)(5) of the National School Lunch Act (42 U.S.C. 1760(d)(5)) is amended— (A) in the first sentence— (i) in clause (A), by inserting “and” at the end; (ii) in clause (B), by striking “, and” and inserting a period; and (iii) by striking clause (C); and (B) in the second sentence, by striking “of clauses (A) and (B)”.

34. 1994

    Healthy Meals for Healthy Americans Act of 1994

    Pub. L. 103–448 title I · 108 Stat. 4699

    Added · 42 U.S.C. § 1760(j)(m)

    Pub. L. 103–448, §§ 112(b)–(d), 113, added subsecs. (j) to (m)

    Source evidence

    Code amendment note
    Subsecs. (j) to (m). Pub. L. 103–448, §§ 112(b)–(d), 113, added subsecs. (j) to (m).

    Enacted provision · exact public law
    TITLE I— AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT SEC. 101. PURCHASE OF FRESH FRUITS AND VEGETABLES. Section 6(a) of the National School Lunch Act (42 U.S.C. 1755(a)) is amended— (1) in the second sentence, by striking “Any school” and inserting “Except as provided in the next 2 sentences, any school”; and (2) by inserting after the second sentence the following new sentences: “Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence.”. SEC. 102. DELIVERY OF COMMODITIES. Subsection (b) of section 6 of the National School Lunch Act (42 U.S.C. 1755(b)) is amended to read as follows: “(b) The Secretary shall deliver, to each State participating in the school lunch program under this Act, commodities valued at the total level of assistance authorized under subsection (c) for each school year for the school lunch program in the State, not later than September 30 of the following school year.”. SEC. 103. REQUIREMENT OF MINIMUM PERCENTAGE OF COMMODITY ASSISTANCE. Section 6 of the National School Lunch Act (42 U.S.C. 1755) is amended by adding at the end the following new subsection: “(g) (1) Subject to paragraph (2), in each school year the Secretary shall ensure that not less than 12 percent of the assistance provided under section 4, this section, and section 11 shall be in the form of commodity assistance provided under this section, including cash in lieu of commodities and administrative costs for procurement of commodities under this section. “(2) If amounts available to carry out the requirements of the sections described in paragraph (1) are insufficient to meet the requirement contained in paragraph (1) for a school year, the Secretary shall, to the extent necessary, use the authority provided under section 14(a) to meet the requirement for the school year.”. SEC. 104. COMBINED FEDERAL AND STATE COMMODITY PURCHASES. Section 7 of the National School Lunch Act (42 U.S.C. 1756) is amended by adding at the end the following new subsection: “(d) Notwithstanding any other provision of law, the Secretary may enter into an agreement with a State agency, acting on the request of a school food service authority, under which funds payable to the State under section 4 or 11 may be used by the Secretary for the purpose of purchasing commodities for use by the school food service authority in meals served under the school lunch program under this Act.“. SEC. 105. TECHNICAL ASSISTANCE TO ENSURE COMPLIANCE WITH NUTRITIONAL REQUIREMENTS. (a) School Lunch Program.— Section 9(a)(1) of the National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended— (1) by inserting “(A)” after “(1)”; and (2) by adding at the end the following new subparagraph: “(B) The Secretary shall provide technical assistance and training, including technical assistance and training in the preparation of lower-fat versions of foods commonly used in the school lunch program under this Act, to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide additional technical assistance to schools that are having difficulty maintaining compliance with the requirements.”. (b) Summer Food Service Program for Children.— Section 13(f) of such Act (42 U.S.C. 1761(f)) is amended— (1) by inserting after the first sentence the following new sentences: “The Secretary shall provide technical assistance to service institutions and private nonprofit organizations participating in the program to assist the institutions and organizations in complying with the nutritional requirements prescribed by the Secretary pursuant to this subsection. The Secretary shall provide additional technical assistance to those service institutions and private nonprofit organizations that are having difficulty maintaining compliance with the requirements.”; and (2) in the fourth sentence (after the amendment made by paragraph (1)), by striking “Such meals” and inserting “Meals described in the first sentence”. (c) Child and Adult Care Food Program.— Section 17(g)(1) of such Act (42 U.S.C. 1766(g)(1)) is amended— (1) by inserting “(A)” after “(1)”; and (2) by adding at the end the following new subparagraph: “(B) The Secretary shall provide technical assistance to those institutions participating in the program under this section to assist the institutions and family or group day care home sponsoring organizations in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A). The Secretary shall provide additional technical assistance to those institutions and family or group day care home sponsoring organizations that are having difficulty maintaining compliance with the requirements.”. SEC. 106. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS. (a) Minimum Nutritional Requirements Based on Weekly Average of Nutrient Content of School Lunches.— Section 9(a)(1)(A) of the National School Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended by section 105(a)) is further amended— (1) by striking “; except that such minimum nutritional requirements shall not” and inserting “, except that the minimum nutritional requirements— “(i) shall not”; (2) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new clause: “(ii) shall, at a minimum, be based on the weekly average of the nutrient content of school lunches.”. (b) Dietary Guidelines for Americans.— Section 9 of such Act (42 U.S.C. 1758) is amended by adding at the end the following new subsection: “(f) (1) Not later than the first day of the 1996–97 school year, the Secretary, State educational agencies, schools, and school food service authorities shall, to the maximum extent practicable, inform students who participate in the school lunch and school breakfast programs, and parents and guardians of the students, of— “(A) the nutritional content of the lunches and breakfasts that are served under the programs; and “(B) the consistency of the lunches and breakfasts with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) (referred to in this subsection as the ‘Guidelines’), including the consistency of the lunches and breakfasts with the guideline for fat content. “(2) (A) Except as provided in subparagraph (B), not later than the first day of the 1996–97 school year, schools that are participating in the school lunch or school breakfast program shall serve lunches and breakfasts under the programs that are consistent with the Guidelines (as measured in accordance with subsection (a)(1)(A)(ii) and section 4(e)(1)). “(B) State educational agencies may grant waivers from the requirements of subparagraph (A) subject to criteria established by the appropriate State educational agency. The waivers shall not permit schools to implement the requirements later than July 1, 1998, or a later date determined by the Secretary. “(C) To assist schools in meeting the requirements of this paragraph, the Secretary— “(i) shall— “(I) develop, and provide to schools, standardized recipes, menu cycles, and food product specification and preparation techniques; and “(II) provide to schools information regarding nutrient standard menu planning, assisted nutrient standard menu planning, and food-based menu systems; and “(ii) may provide to schools information regarding other approaches, as determined by the Secretary. “(D) Schools may use any of the approaches described in subparagraph (C) to meet the requirements of this paragraph. In the case of schools that elect to use food-based menu systems to meet the requirements of this paragraph, the Secretary may not require the schools to conduct or use nutrient analysis.”. (c) Production Records.— Section 9 of such Act (42 U.S.C. 1758) (as amended by subsection (b)) is further amended by adding at the end the following new subsection: “(g) Not later than 1 year after the date of enactment of Notification. this subsection, the Secretary shall provide a notification to Congress that justifies the need for production records required under section 210.10(b) of title 7, Code of Federal Regulations, and describes how the Secretary has reduced paperwork relating to the school lunch and school breakfast programs.“. SEC. 107. NUTRITIONAL REQUIREMENTS RELATING TO PROVISION OF MILK. Section 9(a)(2) of the National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended to read as follows: “(2) (A) Lunches served by schools participating in the school lunch program under this Act— “(i) shall offer students fluid milk; and “(ii) shall offer students a variety of fluid milk consistent with prior year preferences unless the prior year preference for any such variety of fluid milk is less than 1 percent of the total milk consumed at the school. “(B) (i) The Secretary shall purchase in each calendar year to carry out the school lunch program under this Act, and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), lowfat cheese on a bid basis in a quantity that is the milkfat equivalent of the quantity of milkfat the Secretary estimates the Commodity Credit Corporation will purchase each calendar year as a result of the elimination of the requirement that schools offer students fluid whole milk and fluid unflavored lowfat milk, based on data provided by the Director of Office of Management and Budget. “(ii) Not later than 30 days after the Secretary provides an estimate required under clause (i), the Director of the Congressional Budget Office shall provide to the appropriate committees of Congress a report on whether the Director concurs with the estimate of the Secretary. “(iii) The quantity of lowfat cheese that is purchased under this subparagraph shall be in addition to the quantity of cheese that is historically purchased by the Secretary to carry out school feeding programs. The Secretary shall take such actions as are necessary to ensure that purchases under this subparagraph shall not displace commercial purchases of cheese by schools.”. SEC. 108. USE OF FREE AND REDUCED PRICE MEAL ELIGIBILITY INFORMATION. Section 9(b)(2)(C) of the National School Lunch Act (42 U.S.C. 1758(b)(2)(C)) is amended by striking clause (iii) and inserting the following new clauses: “(iii) The use or disclosure of any information obtained from an application for free or reduced price meals, or from a State or local agency referred to in clause (ii), shall be limited to— “(I) a person directly connected with the administration or enforcement of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or a regulation issued pursuant to either Act; “(II) a person directly connected with the administration or enforcement of— “(aa) a Federal education program; “(bb) a State health or education program administered by the State or local educational agency (other than a program carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)); or “(cc) a Federal, State, or local means-tested nutrition program with eligibility standards comparable to the program under this section; and “(III) (aa) the Comptroller General of the United States for audit and examination authorized by any other provision of law; and “(bb) notwithstanding any other provision of law, a Federal, State, or local law enforcement official for the purpose of investigating an alleged violation of any program covered by paragraph (1) or this paragraph. “(iv) Information provided under clause (iii)(II) shall be limited to the income eligibility status of the child for whom application for free or reduced price meal benefits was made or for whom eligibility information was provided under clause (ii), unless the consent of the parent or guardian of the child for whom application for benefits was made is obtained. “(v) A person described in clause (iii) who publishes, divulges, discloses, or makes known in any manner, or to any extent not authorized by Federal law (including a regulation), any information obtained under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.”. SEC. 109. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS. (a) In General.— Section 9(b)(6) of the National School Lunch Act (42 U.S.C. 1758(b)(6)) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking “a member of”; (B) in clause (i)— (i) by inserting “a member of’ after “(i)”; and (ii) by striking “or” at the end; (C) in clause (ii)— (i) by inserting “a member of” after “(ii)”; and (ii) by striking the period at the end and inserting “; or”; and (D) by adding at the end the following new clause: “(iii) enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on the basis of a determination that the child is a member of a family that meets the low-income criteria prescribed under section 645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)A)).”; and (2) in subparagraph (B), by striking “food stamps or aid to families with dependent children” and inserting “food stamps or aid to families with dependent children, or of enrollment or participation in a Head Start program on the basis described in subparagraph (A)(iii),”. (b) Child and Adult Care Food Program.— Section 17(c) of such Act (42 U.S.C. 1766(c)) is amended by adding at the end the following new paragraph: “(5) A child shall be considered automatically eligible for benefits under this section without further application or eligibility determination, if the child is enrolled as a participant in a Head Start program authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on the basis of a determination that the child is a member of a family that meets the low-income criteria prescribed under section 645(a)(1)(A) of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).”. (c) Effective Date.— The amendments made by this section 42 USC 1758 note. shall become effective on September 25, 1995. SEC. 110. USE OF NUTRITION EDUCATION AND TRAINING PROGRAM RESOURCES. Section 9 of the National School Lunch Act (42 U.S.C. 1758) (as amended by section 106(c)) is further amended by adding at the end the following new subsection: “(h) In carrying out this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a State educational agency may use resources provided through the nutrition education and training program authorized under section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) for training aimed at improving the quality and acceptance of school meals.”. SEC. 111. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING TO SERVE ALL CHILDREN FREE LUNCHES OR BREAKFASTS. Section ll(a)(1) of the National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended— (1) by inserting “(A)” after “(1)”; (2) in the second sentence, by striking “In the case of” and inserting the following: “(B) Except as provided in subparagraph (C), (D), or (E), in the case of’; and (3) by striking the third and fourth sentences and inserting the following new subparagraphs: “(C) (i) Except as provided in subparagraph (D), in the case of any school that— “(I) elects to serve all children in the school free lunches under the school lunch program during any period of 3 successive school years, or in the case of a school that serves both lunches and breakfasts, elects to serve all children in the school free lunches and free breakfasts under the school lunch program and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) during any period of 3 successive school years; and “(II) pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period; special assistance payments shall be paid to the State educational agency with respect to the school during the period on the basis of the number of lunches or breakfasts determined under clause (ii) or (iii). “(ii) For purposes of making special assistance payments under clause (i), except as provided in clause (iii), the number of lunches or breakfasts served by a school to children who are eligible for free lunches or breakfasts or reduced price lunches or breakfasts during each school year of the 3-school-year period shall be considered to be equal to the number of lunches or breakfasts served by the school to children eligible for free lunches or breakfasts or reduced price lunches or breakfasts during the first school year of the period. “(iii) For purposes of computing the amount of the payments, a school may elect to determine on a more frequent basis the number of children who are eligible for free or reduced price lunches or breakfasts who are served lunches or breakfasts during the 3-school-year period. “(D) (i) In the case of any school that, on the date of enactment of this subparagraph, is receiving special assistance payments under this paragraph for a 3-school-year period described in subparagraph (C), the State may grant, at the end of the 3-school-year period, an extension of the period for an additional 2 school years, if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school has remained stable. “(ii) A school described in clause (i) may reapply to the State at the end of the 2-school-year period described m clause (i) for the purpose of continuing to receive special assistance payments, as determined in accordance with this paragraph, for a subsequent 5-school-year period. The school may reapply to the State at the end of the 5-school-year period, and at the end of each 5-school-year period thereafter for which the school receives special assistance payments under this paragraph, for the purpose of continuing to receive the payments for a subsequent 5-school-year period. “(iii) If the Secretary determines after considering the best available socioeconomic data that the income level of families of children enrolled in a school has not remained stable, the Secretary may require the submission of applications for free and reduced price lunches, or for free and reduced price lunches and breakfasts, in the first school year of any 5-school-year period for which the school receives special assistance payments under this paragraph, for the purpose of calculating the special assistance payments. “(iv) For the purpose of updating information and reimbursement levels, a school described in clause (i) that carries out a school lunch or school breakfast program may at any time require submission of applications for free and reduced price lunches or for free and reduced price lunches and breakfasts. “(E) (i) In the case of any school that— “(I) elects to serve all children in the school free lunches under the school lunch program during any period of 4 successive school years, or in the case of a school that serves both lunches and breakfasts, elects to serve all children in the school free lunches and free breakfasts under the school lunch program and the school breakfast program during any period of 4 successive school years; and “(II) pays, from sources other than Federal funds, for the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to the number of lunches or breakfasts served during the period; total Federal cash reimbursements and total commodity assistance shall be provided to the State educational agency with respect to the school at a level that is equal to the total Federal cash reimbursements and total commodity assistance received by the school in the last school year for which the school accepted applications under the school lunch or school breakfast program, adjusted annually for inflation in accordance with paragraph (3)(B) and for changes in enrollment, to carry out the school lunch or school breakfast program. “(ii) A school described in clause (i) may reapply to the State at the end of the 4-school-year period described in clause (i), and at the end of each 4-school-year period thereafter for which the school receives reimbursements and assistance under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 4-school-year period. The State may approve an application under this clause if the State determines, through available socioeconomic data approved by the Secretary, that the income level of the population of the school has remained consistent with the income level of the population of the school in the last school year for which the school accepted the applications described in clause (i). “(iii) Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall evaluate the effects of this subparagraph and notify the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the results of the evaluation.”. SEC. 112. MISCELLANEOUS PROVISIONS AND DEFINITIONS. (a) Technical Amendment to Definition of School.— (1) In general.— Section 12(d)(5) of the National School Lunch Act (42 U.S.C. 1760(d)(5)) is amended— (A) in the first sentence— (i) in clause (A), by inserting “and” at the end; (ii) in clause (B), by striking “, and” and inserting a period; and (iii) by striking clause (C); and (B) in the second sentence, by striking “of clauses (A) and (B)”. (2) Effective date.— The amendments made by paragraph (1) shall become effective on October 1, 1995. (b) Reimbursement for Meals, Supplements, and Milk Under Certain Programs Contingent on Timely Submission of Claims and Final Program Operations Report.— Section 12 of such Act (42 U.S.C. 1760) is amended by adding at the end the following new subsection: “(j) (1) Except as provided in paragraph (2), the Secretary may provide reimbursements for final claims for service of meals, supplements, and milk submitted to State agencies by eligible schools, summer camps, family day care homes, institutions, and service institutions only if— “(A) the claims have been submitted to the State agencies not later than 60 days after the last day of the month for which the reimbursement is claimed; and “(B) the final program operations report for the month is submitted to the Secretary not later than 90 days after the last day of the month. “(2) The Secretary may waive the requirements of paragraph (1) at the discretion of the Secretary.”. (c) Expedited Rulemaking.— Section 12 of such Act (42 U.S.C. 1760) (as amended by subsection (b)) is further amended by adding at the end the following new subsection: “(k) (1) Prior to the publication of final regulations that implement changes that are intended to bring the meal pattern requirements of the school lunch and breakfast programs into conformance with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) (referred to in this subsection as the ‘Guidelines’), the Secretary shall issue proposed regulations permitting the use of food-based menu systems. “(2) Notwithstanding chapter 5 of title 5, United States Code, not later than 45 days after the publication of the proposed regulations permitting the use of food-based menu systems, the Secretary shall publish notice in the Federal Register of, and hold, a public meeting with— “(A) representatives of affected parties, such as Federal, State, and local administrators, school food service administrators, other school food service personnel, parents, and teachers; and “(B) organizations representing affected parties, such as public interest antihunger organizations, doctors specializing in pediatric nutrition, health and consumer groups, commodity groups, food manufacturers and vendors, and nutritionists involved with the implementation and operation of programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); to discuss and obtain public comments on the proposed rule. “(3) Not later than June 1, 1995, the Secretary shall issue final regulations to conform the nutritional requirements of the school lunch and breakfast programs with the Guidelines. The final regulations shall include— “(A) rules permitting the use of food-based menu systems; and “(B) adjustments to the rule on nutrition objectives for school meals published in the Federal Register on June 10, 1994 (59 Fed. Reg. 30218). “(4) No school food service authority shall be required to implement final regulations issued pursuant to this subsection until the regulations have been final for at least 1 year. “(5) The final regulations shall reflect comments made at each phase of the proposed rulemaking process, including the public meeting required under paragraph (2).”. (d) Authority of Secretary to Waive Statutory and Regulatory Requirements.— Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as amended by subsection (c)) is further amended by adding at the end the following new subsection: “(l) (1) (A) Except as provided in paragraph (4), the Secretary may waive any requirement under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under either such Act, for a State or eligible service provider that requests a waiver if— “(i) the Secretary determines that the waiver of the requirement would facilitate the ability of the State or eligible service provider to carry out the purpose of the program; “(ii) the State or eligible service provider has provided notice and information to the public regarding the proposed waiver; and “(iii) the State or eligible service provider demonstrates to the satisfaction of the Secretary that the waiver will not increase the overall cost of the program to the Federal Government, and, if the waiver does increase the overall cost to the Federal Government, the cost will be paid from non-Federal funds. “(B) The notice and information referred to in subparagraph (A)(ii) shall be provided in the same manner in which the State or eligible service provider customarily provides similar notices and information to the public. “(2) (A) To request a waiver under paragraph (1), a State or eligible service provider (through the appropriate administering State agency) shall submit an application to the Secretary that— “(i) identifies the statutory or regulatory requirements that are requested to be waived; “(ii) in the case of a State requesting a waiver, describes actions, if any, that the State has undertaken to remove State statutory or regulatory barriers; “(iii) describes the goal of the waiver to improve services under the program and the expected outcomes if the waiver is granted; “(iv) includes a description of the impediments to the efficient operation and administration of the program; “(v) describes the management goals to be achieved, such as fewer hours devoted to, or fewer number of personnel involved in, the administration of the program; “(vi) provides a timetable for implementing the waiver; and “(vii) describes the process the State or eligible service provider will use to monitor the progress in implementing the waiver, including the process for monitoring the cost implications of the waiver to the Federal Government. “(B) An application described in subparagraph (A) shall be developed by the State or eligible service provider and shall be submitted to the Secretary by the State. “(3) (A) The Secretary shall act promptly on a waiver request contained in an application submitted under paragraph (2) and shall either grant or deny the request. The Secretary shall state in writing the reasons for granting or denying the request. “(B) If the Secretary grants a waiver request, the Secretary shall state in writing the expected outcome of granting the waiver. “(C) The result of the decision of the Secretary shall be disseminated by the State or eligible service provider through normal means of communication. “(D) (i) Except as provided in clause (ii), a waiver granted by the Secretary under this subsection shall be for a period not to exceed 3 years. “(ii) The Secretary may extend the period if the Secretary determines that the waiver has been effective in enabling the State or eligible service provider to carry out the purposes of the program. “(4) The Secretary may not grant a waiver under this subsection of any requirement relating to— “(A) the nutritional content of meals served; “(B) Federal reimbursement rates; “(C) the provision of free and reduced price meals; “(D) offer versus serve provisions; “(E) limits on the price charged for a reduced price meal; “(F) maintenance of effort; “(G) equitable participation of children in private schools; “(H) distribution of funds to State and local school food service authorities and service institutions participating in a program under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); “(I) the disclosure of information relating to students receiving free or reduced price meals and other recipients of benefits; “(J) prohibiting the operation of a profit producing program; “(K) the sale of competitive foods; “(L) the commodity distribution program under section 14; “(M) the special supplemental nutrition program authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and “(N) enforcement of any constitutional or statutory right of an individual, including any right under— “(i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); “(ii) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); “(iii) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); “(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); “(v) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and “(vi) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). “(5) The Secretary shall periodically review the performance of any State or eligible service provider for which the Secretary has granted a waiver under this subsection and shall terminate the waiver if the performance of the State or service provider has been inadequate to justify a continuation of the waiver. The Secretary shall terminate the waiver if, after periodic review, the Secretary determines that the waiver has resulted in an increase in the overall cost of the program to the Federal Government and the increase has not been paid for in accordance with paragraph (1)(A)(iii). “(6) (A) (i) An eligible service provider that receives a waiver Reports. under this subsection shall annually submit to the State a report that— “(I) describes the use of the waiver by the eligible service provider; and “(II) evaluates how the waiver contributed to improved services to children served by the program for which the waiver was requested. “(ii) The State shall annually submit to the Secretary a report that summarizes all reports received by the State from eligible service providers. “(B) The Secretary shall annually submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report— “(i) summarizing the use of waivers by the State and eligible service providers; “(ii) describing whether the waivers resulted in improved services to children; “(iii) describing the impact of the waivers on providing nutritional meals to participants; and “(iv) describing how the waivers reduced the quantity of paperwork necessary to administer the program. “(7) As used in this subsection, the term ‘eligible service provider’ means— “(A) a local school food service authority; “(B) a service institution or private nonprofit organization described in section 13; or “(C) a family or group day care home sponsoring organization described in section 17.”. SEC. 113. FOOD AND NUTRITION PROJECTS. Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as amended by section 112(d)) is further amended by adding at the end the following new subsection: “(m) (1) The Secretary, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, shall award on an annual basis grants to a private nonprofit organization or educational institution in each of 3 States to create, operate, and demonstrate food and nutrition projects that are fully integrated with elementary school curricula. “(2) Each organization or institution referred to in paragraph (1) shall be selected by the Secretary and shall— “(A) assist local schools and educators in offering food and nutrition education that integrates math, science, and verbal skills in the elementary grades; “(B) assist local schools and educators in teaching agricultural practices through practical applications, like gardening; “(C) create community service learning opportunities or educational programs; “(D) be experienced in assisting in the creation of curriculum-based models in elementary schools; “(E) be sponsored by an organization or institution, or be an organization or institution, that provides information, or conducts other educational efforts, concerning the success and productivity of American agriculture and the importance of the free enterprise system to the quality of life in the United States; and “(F) be able to provide model curricula, examples, advice, and guidance to schools, community groups, States, and local organizations regarding means of carrying out similar projects. “(3) Subject to the availability of appropriations to carry out this subsection, the Secretary shall make grants to each of the 3 private organizations or institutions selected under this subsection in amounts of not less than $100,000, nor more than $200,000, for each of fiscal years 1995 through 1998. “(4) The Secretary shall establish fair and reasonable auditing procedures regarding the expenditure of funds under this subsection. “(5) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 1995 through 1998.”. SEC. 114. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) Priority Requirements for Determining Participation of Certain Eligible Service Institutions.— Section 13(a)(4) of the National School Lunch Act (42 U.S.C. 1761(a)(4)) is amended by striking subparagraphs (A) through (F) and inserting the following new subparagraphs: “(A) Local schools. “(B) All other service institutions and private nonprofit organizations eligible under paragraph (7) that have demonstrated successful program performance in a prior year. “(C) New public institutions. “(D) New private nonprofit organizations eligible under paragraph (7).”. (b) Elimination of 1-Year Waiting Period With Respect to Participation of Private Nonprofit Organizations in Cer- tain Areas Under the Program.— Section 13(a)(7) of such Act (42 U.S.C. 1761(a)(7)) is amended by striking subparagraph (C). (c) Non-School Sites.— Section 13(c)(1) of such Act (42 U.S.C. 1761(c)(1)) is amended by inserting before the period at the end the following: “or that provide meal service at non-school sites to children who are not in school for a period during the months of October through April due to a natural disaster, building repair, court order, or similar cause”. (d) Registered Food Service Management Company Reports.— Section 13(1)(3) of such Act (42 U.S.C. 1761(1)(3)) is amended by striking “and their program record” and inserting “that have been seriously deficient in their participation in the program and may maintain a record of other registered food service management companies,”. (e) Management and Administration Plan.— Section 13(n) of such Act (42 U.S.C. 1761(n)) is amended— (1) by striking paragraphs (5), (6), (8), and (10); and (2) by redesignating paragraphs (7), (9), and (11) as paragraphs (5), (6), and (7), respectively; (3) by inserting “and” after the semicolon at the end of paragraph (6) (as so redesignated); and (4) by striking “; and (12)” and all that follows through “reimbursement”. (f) Elimination of Warning in Private Nonprofit Organization Application Relating to Criminal Provisions and Related Matters.— Section 13(q) of such Act (42 U.S.C. 1761(q)) is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (3) in paragraph (3) (as so redesignated), by striking “paragraphs (1) and (3)” and inserting “paragraphs (1) and (2)”. (g) Extension of Program.— Section 13(r) of such Act (42 U.S.C. 1761(r)) is amended by striking “1994” and inserting “1998”. (h) All-Day Activities.— The Secretary of Agriculture shall— 42 USC 1761 note. (1) not later than 180 days after the date of enactment of this Act, in consultation with the heads of other Federal agencies, identify sources of Federal funds that may be available from other Federal agencies for service institutions under the summer food service program for children established under section 13 of the National School Lunch Act (42 U.S.C. 1761) to carry out all-day educational and recreational activities for children at feeding sites under the program; and (2) notify through State agencies, as determined appropriate Notification. by the Secretary, the service institutions of the sources. SEC. 115. COMMODITY DISTRIBUTION PROGRAM. Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended— (1) in subsection (a), by striking “1994” and inserting “1998”; and (2) in subsection (b)— (A) by inserting “(1)” after “(b)”; and (B) by adding at the end the following new paragraphs: “(2) The Secretary shall maintain and continue to improve the overall nutritional quality of entitlement commodities provided to schools to assist the schools in improving the nutritional content of meals. “(3) The Secretary shall— “(A) require that nutritional content information labels be placed on packages or shipments of entitlement commodities provided to the schools; or “(B) otherwise provide nutritional content information regarding the commodities provided to the schools.”. SEC. 116. CHILD AND ADULT CARE FOOD PROGRAM. (a) Automatic Eligibility of Certain Even Start Participants.— Section 17(c) of the National School Lunch Act (42 U.S.C. 1766(c)) (as amended by section 109(b)) is further amended by adding at the end the following new paragraph: “(6) (A) A child who has not yet entered kindergarten shall be considered automatically eligible for benefits under this section without further application or eligibility determination if the child is enrolled as a participant in the Even Start program under part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.). “(B) Subparagraph (A) shall apply only with respect to the provision of benefits under this section for the period beginning September 1, 1995, and ending September 30, 1997.”. (b) Reapplication for Assistance at 3-Year Intervals.— Section 17(d)(2)(A) of such Act (42 U.S.C. 1766(d)(2)(A)) is amended by striking “2-year intervals” and inserting 3-year intervals. (c) Use of Administrative Funds to Conduct Outreach and Recruitment to Unlicensed Day Care Homes.— Section 17(f)(3)(C) of such Act (42 U.S.C. 1766(f)(3)(C)) is amended— (1) by inserting “(i)” after “(C)”; and (2) by adding at the end the following new clause: “(ii) Funds for administrative expenses may be used by family or group day care home sponsoring organizations to conduct out-reach and recruitment to unlicensed family or group day care homes so that the day care homes may become licensed.”. (d) Information and Training Concerning Child Health and Development.— Section 17(k) of such Act (42 U.S.C. 1766(k)) is amended by adding at the end the following new paragraph: “(4) The Secretary shall instruct States to provide, through sponsoring organizations, information and training concerning child health and development to family or group day care homes participating in the program.”. (e) Extension of Statewide Demonstration Projects.— Section 17(p) of such Act (42 U.S.C. 1766(p)) is amended— (1) in paragraph (1)(A), by striking “25 percent of the children served by such organization” and inserting “25 percent of the children enrolled in the organization or 25 percent of the licensed capacity of the organization for children, whichever is less,”; (2) in paragraph (4)(B), by striking “1992” and inserting “1998”; and (3) in paragraph (5), by striking “1994” and inserting “1998”. (f) WIC Information.— Section 17 of such Act (42 U.S.C. 1766) is amended by adding at the end the following new subsection: “(q) (1) The Secretary shall provide State agencies with basic information concerning the importance and benefits of the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). “(2) The State agency shall— “(A) provide each child care institution participating in the program established under this section, other than institutions providing day care outside school hours for schoolchildren, with materials that include— “(i) a basic explanation of the benefits and importance of the special supplemental nutrition program for women, infants, and children; “(ii) the maximum income limits, according to family size, applicable to children up to age 5 in the State under the special supplemental nutrition program for women, infants, and children; and “(iii) a listing of the addresses and phone numbers of offices at which parents may apply; “(B) annually provide the institutions with an update of the information on income limits described in subparagraph (A)(ii); and “(C) ensure that, at least once a year, the institutions to which subparagraph (A) applies provide written information to parents that includes— “(i) basic information on the benefits provided under the special supplemental nutrition program for women, infants, and children; “(ii) information on the maximum income limits, according to family size, applicable to the program; and “(iii) information on where parents may apply to participate in the program.”. SEC. 117. HOMELESS CHILDREN NUTRITION PROGRAM. (a) Homeless Children Nutrition Program.— (1) In general.— The National School Lunch Act is amended by inserting after section 17A (42 U.S.C. 1766a) the following new section: “SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM. “(a) In General.— The Secretary shall conduct projects designed to provide food service throughout the year to homeless children under the age of 6 in emergency shelters. “(b) Agreements To Participate in Projects.— “(1) In general.— The Secretary shall enter into agreements with State, city, local, or county governments, other public entities, or private nonprofit organizations to participate m the projects conducted under this section. “(2) Eligibility requirements.— The Secretary shall establish eligibility requirements for the entities described in paragraph (1) that desire to participate in the projects conducted under this section. The requirements shall include the following: “(A) Each private nonprofit organization shall operate not more than 5 food service sites under the project and shall serve not more than 300 homeless children at each such site. “(B) Each site operated by each such organization shall meet applicable State and local health, safety, and sanitation standards. “(c) Project Requirements.— “(1) In general.— A project conducted under this section shall— “(A) use the same meal patterns and receive reimbursement payments for meals and supplements at the same rates provided to child care centers participating in the child care food program under section 17 for free meals and supplements; and “(B) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the sponsor of any such project. “(2) Modification.— The Secretary may modify the meal pattern requirements to take into account the needs of infants. “(3) Homeless children eligible for free meals without application.— Homeless children under the age of 6 in emergency shelters shall be considered eligible for free meals without application. “(d) Funding Priorities.— From the amount described in subsection (g), the Secretary shall provide funding for projects carried out under this section for a particular fiscal year (referred to in this subsection as the ‘current fiscal year’) in the following order of priority, to the maximum extent practicable: “(1) The Secretary shall first provide the funding to entities and organizations, each of which— “(A) received funding under this section or section 18(c) (as in effect on the day before the date of enactment of this section) to carry out a project for the preceding fiscal year; and “(B) is eligible to receive funding under this section to carry out the project for the current fiscal year; to enable the entity or organization to carry out the project under this section for the current fiscal year at the level of service provided by the project during the preceding fiscal year. “(2) From the portion of the amount that remains after the application of paragraph (1), the Secretary shall provide funds to entities and organizations, each of which is eligible to receive funding under this section, to enable the entity or organization to carry out a new project under this section for the current fiscal year, or to expand the level of service provided by a project for the current fiscal year over the level provided by the project during the preceding fiscal year. “(e) Notice.— The Secretary shall advise each State of the availability of the projects conducted under this subsection for States, cities, counties, local governments, and other public entities, and shall advise each State of the procedures for applying to participate in the project. “(f) Plan To Allow Participation in the Child and Adult Care Food Program.— Not later than September 30, 1996, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan describing— “(1) how emergency shelters and homeless children who have not attained the age of 6 and who are served by the shelters under the program might participate in the child and adult care food program authorized under section 17 by September 30, 1998; and “(2) the advantages and disadvantages of the action described in paragraph (1). “(g) Funding.— “(1) In general.— In addition to any amounts made available under section 7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) and any amounts that are otherwise made available for fiscal year 1995, out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this section $1,800,000 for fiscal year 1995, $2,600,000 for fiscal year 1996, $3,100,000 for fiscal year 1997, $3,400,000 for fiscal year 1998, and $3,700,000 for fiscal year 1999 and each succeeding fiscal year. The Secretary shall be entitled to receive the funds and shall accept the funds. “(2) Insufficient number of applicants.— The Secretary may expend less than the amount described in paragraph (1) for a fiscal year if there is an insufficient number of suitable applicants to carry out projects under this section for the fiscal year. Any funds made available under this subsection to carry out the projects for a fiscal year that are not obligated to carry out the projects in the fiscal year shall remain available until expended for purposes of carrying out the projects. “(h) Definition of emergency shelter.— As used in this section, the term ‘emergency shelter’ has the meaning provided the term in section 321(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11351(2)).”. (2) Conforming amendments.— (A) National school lunch act.— Section 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (c). (B) Child nutrition act of 1966.— Section 7(a)(5)(B)(i)(I)) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended— (i) by striking “projects under section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))” and inserting “projects under section 17B of the National School Lunch Act”; and (ii) by striking “each of fiscal years 1993 and 1994” each place it appears and inserting “fiscal year 1995 and each subsequent fiscal year”. (b) Demonstration Program for the Prevention of Boarder Babies.— Section 18 of the National School Lunch Act (42 U.S.C. 1769(c)) (as amended by subsection (a)(2)(A)) is further amended by inserting after subsection (b) the following new subsection: “(c) (1) Using the funds provided under paragraph (7), the Secretary shall conduct at least 1 demonstration project through a participating entity during each of fiscal years 1995 through 1998 that is designed to provide food and nutrition services throughout the year to— “(A) homeless pregnant women; and Homeless. Women. “(B) homeless mothers or guardians of infants, and the children of the mothers and guardians. “(2) To be eligible to obtain funds under this subsection, a homeless shelter, a transitional housing organization, or another entity that provides or will provide temporary housing for individ-uals described in paragraph (1) shall (in accordance with guidelines established by the Secretary)— “(A) submit to the Secretary a proposal to provide food and nutrition services, including a plan for coordinating the services with services provided under the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); “(B) receive the approval of the Secretary for the proposal; “(C) be located in an urban area that has— “(i) a significant population of boarder babies; “(ii) a very high rate of mortality for children under 1 year of age; or “(iii) a significant population of homeless pregnant women and homeless women with infants; as determined by the Secretary; and “(D) be able to coordinate services provided under this subsection with the services provided by the local government and with other programs that may assist the participants receiving services under this subsection. “(3) Food and nutrition services funded under this subsection— “(A) may include— “(i) meals, supplements, and other food; “(ii) nutrition education; “(iii) nutrition assessments; “(iv) referrals to— “(I) the special supplemental nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786); “(II) the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); “(III) the food stamp program established under section 4 of the Food Stamp Act of 1977 (7 U.S.C. 2013); and “(IV) other public or private programs and services; “(v) activities related to the services described in any of clauses (i) through (iv); and “(vi) administrative activities related to the services described in any of clauses (i) through (v); and “(B) may not include the construction, purchase, or rental of real property. “(4) (A) A participating entity shall— “(i) use the same meal patterns, and receive reimbursement payments for meals and supplements at the same rates, as apply to child care centers participating in the child care food program under section 17 for free meals and supplements; “(ii) receive reimbursement payments for meals and supplements served on Saturdays, Sundays, and holidays, at the request of the entity; and “(iii) maintain a policy of not providing services or assistance to pregnant women, or homeless women with infants, who use a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). “(B) The Secretary may modify the meal pattern requirements to take into account the needs of infants, homeless pregnant women, homeless mothers, guardians of infants, or the children of the women, mothers, or guardians. “(C) The Secretary shall provide funding to a participating entity for services described in paragraph (3) that are provided to individuals described in paragraph (1). “(5) The Secretary shall impose such auditing and record-keeping requirements as are necessary to monitor the use of Federal funds to carry out this subsection. “(6) The Secretary shall notify the Committee on Education Notification. and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on projects carried out under this subsection. “(7) (A) Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $400,000 for each of fiscal years 1995 through 1998 to carry out this subsection. The Secretary shall be entitled to receive the funds and shall accept the funds. “(B) Any funds provided under subparagraph (A) to carry out projects under this subsection for a fiscal year that are not obligated in the fiscal year shall be used by the Secretary to carry out the homeless children nutrition program established under section 17B. “(8) As used in this subsection: “(A) The term ‘boarder baby’ means an abandoned infant described in section 103(1) of the Abandoned Infants Assistance Act of 1988 (Public Law 100–505; 42 U.S.C. 670 note). “(B) The term ‘nutrition education’ has the meaning provided in section 17(b)(7) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(7)).”. SEC. 118. PILOT PROJECTS. (a) Commodity Letter of Credit (CLOC) Programs.— The first sentence of section 18(b)(1) of the National School Lunch Act (42 U.S.C. 1769(b)(1)) is amended by striking “, and ending September 30, 1994”. (b) Demonstration Program To Provide Meals and Supplements Outside of School Hours.— Section 18 of such Act (42 U.S.C. 1769) is amended by adding at the end the following new subsection: “(e) (1) (A) The Secretary shall establish a demonstration program Grants. to provide grants to eligible institutions or schools to provide meals or supplements to adolescents participating in educational, recreational, or other programs and activities provided outside of school hours. “(B) The amount of a grant under subparagraph (A) shall be equal to the amount necessary to provide meals or supplements described in such subparagraph and shall be determined in accordance with reimbursement payment rates for meals and supplements under the child and adult care food program under section 17. “(2) The Secretary may not provide a grant under paragraph (1) to an eligible institution or school unless the institution or school submits to the Secretary an application containing such information as the Secretary may reasonably require. “(3) The Secretary may not provide a grant under paragraph (1) to an eligible institution or school unless the institution or school agrees that the institution or school will— “(A) use amounts from the grant to provide meals or supplements under educational, recreational, or other programs and activities for adolescents outside of school hours, and the programs and activities are carried out in geographic areas in which there are high rates of poverty, violence, or drug and alcohol abuse among school-aged youths; and “(B) use the same meal patterns as meal patterns required under the child and adult care food program under section 17. “(4) Determinations with regard to eligibility for free and reduced price meals and supplements provided under programs and activities under this subsection shall be made in accordance with the income eligibility guidelines for free and reduced price lunches under section 9. “(5) (A) Except as provided in subparagraph (B), the Secretary shall expend to carry out this subsection, from amounts appropriated for purposes of carrying out section 17, $325,000 for fiscal year 1995, $475,000 for each of fiscal years 1996 and 1997, and $525,000 for fiscal year 1998. In addition to amounts described in the preceding sentence, the Secretary shall expend any additional amounts in any fiscal year as may be provided in advance in appropriations Acts. “(B) The Secretary may expend less than the amount required under subparagraph (A) if there is an insufficient number of suitable applicants. “(6) As used in this subsection: “(A) The term ‘adolescent’ means a child who has attained the age of 13 but has not attained the age of 19. “(B) The term ‘eligible institution or school’ means— “(i) an institution, as the term is defined in section 17; or “(ii) an elementary or secondary school participating in the school lunch program under this Act. “(C) The term ‘outside of school hours’ means after-school hours, weekends, or holidays during the regular school year.”. (c) Fortified Fluid Milk.— Section 18 of such Act (42 U.S.C. 1769) (as amended by subsection (b)) is further amended by adding at the end the following new subsection: “(f) (1) Subject to the availability of appropriations to carry out this subsection, the Secretary shall establish pilot projects in at least 25 school districts under which the milk offered by schools meets the fortification requirements of paragraph (3) for lowfat, skim, and other forms of fluid milk. “(2) The Secretary shall make available to school districts information that compares the nutritional benefits of fluid milk that meets the fortification requirements of paragraph (3) and the nutritional benefits of other milk that is made available through the school lunch program established under this Act. “(3) The fortification requirements for fluid milk for the pilot project referred to in paragraph (1) shall provide that— “(A) all whole milk in final package form for beverage use shall contain not less than— “(i) 3.25 percent milk fat; and “(ii) 8.7 percent milk solids not fat; “(B) all lowfat milk in final package form for beverage use shall contain not less than 10 percent milk solids not fat; and “(C) all skim milk in final package form for beverage use shall contain not less than 9 percent milk solids not fat. “(4) (A) In selecting where to establish pilot projects under this subsection, the Secretary shall take into account, among other factors, the availability of fortified milk and the interest of the school district in being included in the pilot project. “(B) The Secretary shall establish the pilot projects in as many geographic areas as practicable, except that none of the projects shall be established in school districts that use milk described in paragraph (3) or similar milk. “(5) Not later than 2 years after the establishment of the Reports. first pilot project under this subsection, the Secretary shall report to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on— “(A) the acceptability of fortified whole, lowfat, and skim milk products to participating children; “(B) the impact of offering the milk on milk consumption; “(C) the views of the school food service authorities on the pilot projects; and “(D) any increases or reductions in costs attributed to the pilot projects. “(6) The Secretary shall— “(A) obtain copies of any research studies or papers that discuss the impact of the fortification of milk pursuant to standards established by the States; and “(B) on request, make available to State agencies and the Public information. public— “(i) the information obtained under subparagraph (A); and “(ii) information about where to obtain milk described in paragraph (3). “(7) (A) Each pilot project established under this subsection shall terminate on the last day of the third year after the establishment of the pilot project. “(B) The Secretary shall advise representatives of each district participating in a pilot project that the district may continue to offer the fortified forms of milk described in paragraph (3) after the project terminates.”. (d) Increased Choices of Fruits, Vegetables, Legumes, Cereals, and Grain-Based Products.— Section 18 of such Act (42 U.S.C. 1769) (as amended by subsection (c)) is further amended by adding at the end the following new subsection: “(g) (1) The Secretary is authorized to establish a pilot project to assist schools participating in the school lunch program established under this Act, and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer participating students additional choices of fruits, vegetables, legumes, cereals, and grain-based products (including, subject to paragraph (6), organically produced agricultural commodities and products) (collectively referred to in this subsection as ‘qualified products’). “(2) The Secretary shall establish procedures under which schools may apply to participate in the pilot project. To the maximum extent practicable, the Secretary shall select qualified schools that apply from each State. “(3) The Secretary may provide a priority for receiving funds under this subsection to— “(A) schools that are located in low-income areas (as defined by the Secretary); and “(B) schools that rarely offer 3 or more choices of qualified products per meal. “(4) On request, the Secretary shall provide information to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the impact of the pilot project on participating schools, including— “(A) the extent to which participating children increased consumption of qualified products; “(B) the extent to which increased consumption of qualified products offered under the pilot project has contributed to a reduction in fat intake in the school breakfast and school lunch programs; “(C) the desirability of requiring that— “(i) each school participating in the school breakfast program increase the number of choices of qualified products offered per meal to at least 2 choices; “(ii) each school participating in the school lunch program increase the number of choices of qualified products offered per meal; and “(iii) the Secretary provide additional Federal reimbursements to assist schools in complying with clauses (i) and (ii); “(D) the views of school food service authorities on the pilot project; and “(E) any increase or reduction in costs to the schools in offering the additional qualified products. “(5) Subject to the availability of funds appropriated to carry out this subsection, the Secretary shall use not more than $5,000,000 for each of fiscal years 1995 through 1997 to carry out this subsection. “(6) For purposes of this subsection, qualified products shall include organically produced agricultural commodities and products beginning on the date the Secretary establishes an organic certification program for producers and handlers of agricultural products in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).”. (e) Increased Choices of Lowfat Dairy Products and Lean Meat and Poultry Products.— Section 18 of such Act (42 U.S.C. 1769) (as amended by subsection (d)) is further amended by adding at the end the following new subsection: “(h) (1) The Secretary is authorized to establish a pilot project to assist schools participating in the school lunch program established under this Act, and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), to offer participating students additional choices of lowfat dairy products (including lactose-free dairy products) and lean meat and poultry products (including, subject to paragraph (6), organically produced agricultural commodities and products) (collectively referred to in this subsection as ‘qualified products’). “(2) The Secretary shall establish procedures under which schools may apply to participate in the pilot project. To the maxi- mum extent practicable, the Secretary shall select qualified schools that apply from each State. “(3) The Secretary may provide a priority for receiving funds under this subsection to— “(A) schools that are located in low-income areas (as defined by the Secretary); and “(B) schools that rarely offer 3 or more choices of qualified products per meal. “(4) On request, the Secretary shall provide information to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the impact of the pilot project on participating schools, including— “(A) the extent to which participating children increased consumption of qualified products; “(B) the extent to which increased consumption of qualified products offered under the pilot project has contributed to a reduction in fat intake in the school breakfast and school lunch programs; “(C) the desirability of requiring that— “(i) each school participating in the school breakfast program increase the number of choices of qualified products offered per meal to at least 2 choices; “(ii) each school participating in the school lunch program increase the number of choices of qualified products offered per meal; and “(iii) the Secretary provide additional Federal reimbursements to assist schools in complying with clauses (i) and (ii); “(D) the views of the school food service authorities on the pilot project; and “(E) any increase or reduction in costs to the schools in offering the additional qualified products. “(5) Subject to the availability of funds appropriated to carry out this subsection, the Secretary shall use not more than $5,000,000 for each of fiscal years 1995 through 1997 to carry out this subsection. “(6) For purposes of this subsection, qualified products shall include organically produced agricultural commodities and products beginning on the date the Secretary establishes an organic certification program for producers and handlers of agricultural products in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).”. (f) Reduced Paperwork and Application Requirements and Increased Participation Pilots.— Section 18 of such Act (42 U.S.C. 1769) (as amended by subsection (e)) is further amended by adding at the end the following new subsection: “(i) (1) Subject to the availability of advance appropriations under paragraph (8), the Secretary shall make grants to a limited number of schools to conduct pilot projects in 2 or more States approved by the Secretary to— “(A) reduce paperwork; “(B) reduce application and meal counting requirements; and “(C) make changes that will increase participation in the school lunch and school breakfast programs. “(2) (A) Except as provided in subparagraph (B), the Secretary may waive the requirements of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) relating to counting of meals, applications for eligibility, and related requirements that would preclude the Secretary from making a grant to conduct a pilot project under paragraph (1). “(B) The Secretary may not waive a requirement under subparagraph (A) if the waiver would prevent a program participant, a potential program recipient, or a school from receiving all of the benefits and protections of this Act, the Child Nutrition Act of 1966, or a Federal statute or regulation that protects an individual constitutional right or a statutory civil right. “(C) No child otherwise eligible for free or reduced price meals under section 9 or under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall be required to pay more under a program carried out under this subsection for such a meal than the child would otherwise pay under section 9 or under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively. “(3) To be eligible to receive a grant to conduct a pilot project under this subsection, a school shall— “(A) submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including, at a minimum, information— “(i) demonstrating that the program carried out under the project differs from programs carried out under subparagraph (C), (D), or (E) of section 11(a)(1); “(ii) demonstrating that at least 40 percent of the students participating in the school lunch program at the school are eligible for free or reduced price meals; “(iii) demonstrating that the school operates both a school lunch program and a school breakfast program; “(iv) describing the funding, if any that the school will receive from non-Federal sources to carry out the pilot project; “(v) describing and justifying the additional amount, over the most recent prior year reimbursement amount received under the school lunch program and the school breakfast program (adjusted for inflation and fluctuations in enrollment), that the school needs from the Federal government to conduct the pilot; and “(vi) describing the policy of the school on a la carte and competitive foods; “(B) not have a history of violations of this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and “(C) meet any other requirement that the Secretary may reasonably require. “(4) To the extent practicable, the Secretary shall select schools to participate in the pilot program under this subsection in a manner that will provide for an equitable distribution among the following types of schools: “(A) Urban and rural schools. “(B) Elementary, middle, and high schools. “(C) Schools of varying income levels. “(5) (A) Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive- commodities in an amount equal to the amount the school received in the prior year under the school lunch program under this Act and under the school breakfast program under section 4 of the Child Nutrition Act of 1966, adjusted for inflation and fluctuations in enrollment. “(B) Commodities required for the pilot project in excess of the amount of commodities received by the school in the prior year under the school lunch program and the school breakfast program may be funded from amounts appropriated to carry out this section. “(6) (A) Except as provided in subparagraph (B), a school conducting a pilot project under this subsection shall receive a total Federal reimbursement under the school lunch program and school breakfast program in an amount equal to the total Federal reimbursement for the school in the prior year under each such program (adjusted for inflation and fluctuations in enrollment). “(B) Funds required for the pilot project in excess of the level of reimbursement received by the school in the prior year (adjusted for inflation and fluctuations in enrollment) may be taken from any non-Federal source or from amounts appropriated to carry out this subsection. If no appropriations are made for the pilot projects, schools may not conduct the pilot projects. “(7) (A) The Secretary shall require each school conducting a pilot project under this subsection to submit to the Secretary documentation sufficient for the Secretary, to the extent practicable, to— “(i) determine the effect that participation by schools in the pilot projects has on the rate of student participation in the school lunch program and the school breakfast program, in total and by various income groups; “(ii) compare the quality of meals served under the pilot project to the quality of meals served under the school lunch program and the school breakfast program during the school year immediately preceding participation in the pilot project; “(iii) summarize the views of students, parents, and administrators with respect to the pilot project; “(iv) compare the amount of administrative costs under the pilot project to the amount of administrative costs under the school lunch program and the school breakfast program during the school year immediately preceding participation in the pilot project; “(v) determine the reduction in paperwork under the pilot project from the amount of paperwork under the school lunch and school breakfast programs at the school; and “(vi) determine the effect of participation in the pilot project on sales of, and school policy regarding, a la carte and competitive foods. “(B) Not later than January 31, 1998, the Secretary shall submit Reports. to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing— “(i) a description of the pilot projects approved by the Secretary under this subsection; “(ii) a compilation of the information received by the Secretary under paragraph (1) as of this date from each school conducting a pilot project under this subsection; and “(iii) an evaluation of the program by the Secretary. “(8) There are authorized to be appropriated to carry out this subsection $9,000,000 for each fiscal year during the period beginning October 1, 1995, and ending July 31, 1998.”. SEC. 119. REDUCTION OF PAPERWORK. Section 19(a) of the National School Lunch Act (42 U.S.C. 1769a(a)) is amended— (1) by striking “and other agencies” and inserting “other agencies”; and (2) by inserting “, and families of children participating in the programs,” after “assisted under such Acts”. SEC. 120. FOOD SERVICE MANAGEMENT INSTITUTE. (a) Required Activities.— Section 21(c)(2) of the National School Lunch Act (42 U.S.C. 1769b–1(c)(2)) is amended— (1) in subparagraph (B)— (A) by striking “and” at the end of clause (viii); (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following new clause: “(ix) culinary skills; and”; (2) by striking “and” at the end of subparagraph (D); (3) by striking the period at the end of subparagraph (E) and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: “(F) training food service personnel to comply with the nutrition guidance and objectives of section 24 through a national network of instructors or other means; “(G) preparing informational materials, such as video instruction tapes and menu planners, to promote healthier food preparation; and “(H) assisting State educational agencies in providing additional nutrition and health instructions and instructors, including training personnel to comply with the nutrition guidance and objectives of section 24.”. (b) Use of Food Service Management Institute for Dietary and Nutrition Activities.— Section 21(d) of such Act (42 U.S.C. 1769b–1(d)) is amended— (1) by striking “(d) Coordination.— The” and inserting the following: “(d) Coordination.— “(1) In general.— The”; and (2) by adding at the end the following new paragraph: “(2) Use of institute for dietary and nutrition activities.— The Secretary shall use any food service management institute established under subsection (a)(2) to assist in carrying out dietary and nutrition activities of the Secretary.”. (c) Authorization of Appropriations.— Section 21 of such Act (42 U.S.C. 1769b–1) is amended— (1) in subsection (a)(1), by striking “from” and inserting “subject to the availability of, and from,”; and (2) by striking subsection (e) and inserting the following new subsection: “(e) Authorization of Appropriations.— “(1) Training activities and technical assistance.— There are authorized to be appropriated to carry out subsection (a)(1) $3,000,000 for fiscal year 1990, $2,000,000 for fiscal year 1991, and $1,000,000 for each of fiscal years 1992 through 1998. “(2) Food service management institute.— “(A) Funding.— In addition to any amounts otherwise made available for fiscal year 1995, out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary $147,000 for fiscal year 1995, and $2,000,000 for fiscal year 1996 and each subsequent fiscal year, to carry out subsection (a)(2). The Secretary shall be entitled to receive the funds and shall accept the funds. “(B) Additional funding.— In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out subsection (a)(2) such sums as are necessary for fiscal year 1995 and each subsequent fiscal year. The Secretary shall carry out activities under subsection (a)(2), in addition to the activities funded under subparagraph (A), to the extent provided for, and in such amounts as are provided for, in advance in appropriations Acts. “(C) Funding for education, training, or applied research of studies.— In addition to amounts made available under subparagraphs (A) and (B), from amounts otherwise appropriated to the Secretary in discretionary appropriations, the Secretary may provide funds to any food service management institute established under subsection (a)(2) for projects specified by the Secretary that will contribute to implementing dietary or nutrition initiatives. Any additional funding under this subparagraph shall be provided noncompetitively in a separate cooperative agreement”. SEC. 121. COMPLIANCE AND ACCOUNTABILITY. Section 22(d) of the National School Lunch Act (42 U.S.C. 1769c(d)) is amended by striking “1990, 1991, 1992, 1993, and 1994” and inserting “1994 through 1996”. SEC. 122. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION PROGRAMS. (a) In General.— The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: “SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT DEBARMENT. “(a) Purposes.— The purposes of this section are to promote the prevention and deterrence of instances of fraud, bid rigging, and other anticompetitive activities encountered in the procurement of products for child nutrition programs by— “(1) establishing guidelines and a timetable for the Secretary to initiate debarment proceedings, as well as establishing mandatory debarment periods; and “(2) providing training, technical advice, and guidance in identifying and preventing the activities. “(b) Definitions.— As used in this section: “(1) Child nutrition program.— The term ‘child nutrition program’ means— “(A) the school lunch program established under this Act; “(B) the summer food service program for children established under section 13; “(C) the child and adult care food program established under section 17; “(D) the homeless children nutrition program established under section 17B; “(E) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); “(F) the school breakfast program established under section 4 of such Act (42 U.S.C. 1773); and “(G) the special supplemental nutrition program for women, infants, and children authorized under section 17 of such Act (42 U.S.C. 1786). “(2) Contractor.— The term ‘contractor’ means a person that contracts with a State, an agency of a State, or a local agency to provide goods or services in relation to the participation of a local agency in a child nutrition program. “(3) Local agency.— The term ‘local agency’ means a school, school food authority, child care center, sponsoring organization, or other entity authorized to operate a child nutrition program at the local level. (4) Nonprocurement debarment.— The term ‘nonprocurement debarment’ means an action to bar a person from programs and activities involving Federal financial and non-financial assistance, but not including Federal procurement programs and activities. “(5) Person.— The term ‘person’ means any individual, corporation, partnership, association, cooperative, or other legal entity, however organized. “(c) Assistance To Identify and Prevent Fraud and Anti-competitive Activities.— The Secretary shall— “(1) in cooperation with any other appropriate individual, organization, or agency, provide advice, training, technical assistance, and guidance (which may include awareness training, training films, and troubleshooting advice) to representatives of States and local agencies regarding means of identifying and preventing fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program; and “(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a child nutrition program. “(d) Nonprocurement Debarment.— “(1) In general.— Except as provided in paragraph (3) and subsection (e), not later than 180 days after notification of the occurrence of a cause for debarment described in paragraph (2), the Secretary shall initiate nonprocurement debarment proceedings against the contractor who has committed the cause for debarment. “(2) Causes for debarment.— Actions requiring initiation of nonprocurement debarment pursuant to paragraph (1) shall include a situation in which a contractor is found guilty in any criminal proceeding, or found liable in any civil or administrative proceeding, in connection with the supplying, providing, or selling of goods or services to any local agency in connection with a child nutrition program, of— “(A) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; “(B) fraud, bribery, theft, forgery, or embezzlement; “(C) knowingly receiving stolen property; “(D) making a false claim or statement; or “(E) any other obstruction of justice. “(3) Exception.— If the Secretary determines that a decision on initiating nonprocurement debarment proceedings cannot be made within 180 days after notification of the occurrence of a cause for debarment described in paragraph (2) because of the need to further investigate matters relating to the possible debarment, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not to exceed an additional 180 days. “(4) Mandatory child nutrition program debarment periods.— “(A) In general.— Subject to the other provisions of this paragraph and notwithstanding any other provision of law except subsection (e), if, after deciding to initiate nonprocurement debarment proceedings pursuant to paragraph (1), the Secretary decides to debar a contractor, the debarment shall be for a period of not less than 3 years. “(B) Previous debarment.— If the contractor has been previously debarred pursuant to nonprocurement debarment proceedings initiated pursuant to paragraph (1), and the cause for debarment is described in paragraph (2) based on activities that occurred subsequent to the initial debarment, the debarment shall be for a period of not less than 5 years. “(C) Scope.— At a minimum, a debarment under this subsection shall serve to bar the contractor for the specified period from contracting to provide goods or services in conj unction with the participation of a local agency in a child nutrition program. “(D) Reversal, reduction, or exception.— Nothing in this section shall restrict the ability of the Secretary to— “(i) reverse a debarment decision; “(ii) reduce the period or scope of a debarment; “(iii) grant an exception permitting a debarred contractor to participate in a particular contract to provide goods or services; or “(iv) otherwise settle a debarment action at any time; in conjunction with the participation of a local agency in a child nutrition program, if the Secretary determines there is good cause for the action, after taking into account factors set forth in paragraphs (1) through (6) of subsection (e). “(5) Information.— On request, the Secretary shall present to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information regarding the decisions required by this subsection. “(6) Relationship to other authorities.— A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to penalize, imprison, fine, suspend, debar, or take other adverse action against a person in a civil, criminal, or administrative proceeding. “(7) Regulations.— The Secretary shall issue such regulations as are necessary to carry out this subsection. “(e) Mandatory Debarment.— Notwithstanding any other provision of this section, the Secretary shall initiate nonprocurement debarment proceedings against the contractor (including any cooperative) who has committed the cause for debarment (as determined under subsection (d)(2)), unless the action— “(1) is likely to have a significant adverse effect on competition or prices in the relevant market or nationally; “(2) will interfere with the ability of a local agency to procure a needed product for a child nutrition program; “(3) is unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; “(4) is likely to have significant adverse economic impacts on the local economy in a manner that is unfair to innocent parties; “(5) is not justified in light of the penalties already imposed on the contractor for violations relevant to the proposed debarment, including any suspension or debarment arising out of the same matter that is imposed by any Federal or State agency; or “(6) is not in the public interest, or otherwise is not in the interests of justice, as determined by the Secretary. “(f) Exhaustion of Administrative Remedies.— Prior to seeking judicial review in a court of competent jurisdiction, a contractor against whom a nonprocurement debarment proceeding has been initiated shall— “(1) exhaust all administrative procedures prescribed by the Secretary; and “(2) receive notice of the final determination of the Secretary. “(g) Information Relating to Prevention and Control of Anticompetitive Activities.— On request, the Secretary shall present to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information regarding the activities of the Secretary relating to anticompetitive activities, fraud, nonprocurement debarment, and any waiver granted by the Secretary under this section.”. (b) Applicability.— Section 25 of the National School Lunch Act (as added by subsection (a)) shall not apply to a cause for debarment as described in section 25(d)(2) of such Act that is based on an activity that took place prior to the effective date of section 25 of such Act. (c) No Reduction in Authority To Debar or Suspend a Person From Federal Financial and Nonfinancial Assistance and Benefits.— The authority of the Secretary of Agriculture that exists on the day before the date of enactment of this Act to debar or suspend a person from Federal financial and nonfinancial assistance and benefits under Federal programs and activities shall not be diminished or reduced by subsection (a) or the amendment made by subsection (a). SEC. 123. INFORMATION CLEARINGHOUSE. The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended by section 122) is further amended by adding at the end the following new section: “SEC. 26. INFORMATION CLEARINGHOUSE. “(a) In General.— The Secretary shall enter into a contract Contracts. with a nongovernmental organization described in subsection (b) to establish and maintain a clearinghouse to provide information to nongovernmental groups located throughout the United States that assist low-income individuals or communities regarding food assistance, self-help activities to aid individuals in becoming self-reliant, and other activities that empower low-income individuals or communities to improve the lives of low-income individuals and reduce reliance on Federal, State, or local governmental agencies for food or other assistance. “(b) Nongovernmental Organization.— The nongovernmental organization referred to in subsection (a) shall be selected on a competitive basis and shall— “(1) be experienced in the gathering of first-hand information in all the States through onsite visits to grassroots organizations in each State that fight hunger and poverty or that assist individuals in becoming self-reliant; “(2) be experienced in the establishment of a clearinghouse similar to the clearinghouse described in subsection (a); “(3) agree to contribute in-kind resources towards the establishment and maintenance of the clearinghouse and agree to provide clearinghouse information, free of charge, to the Secretary, States, counties, cities, antihunger groups, and grass-roots organizations that assist individuals in becoming selfsufficient and self-reliant; “(4) be sponsored by an organization, or be an organization, that— “(A) has helped combat hunger for at least 10 years; “(B) is committed to reinvesting in the United States; and “(C) is knowledgeable regarding Federal nutrition programs; “(5) be experienced in communicating the purpose of the clearinghouse through the media, including the radio and print media, and be able to provide access to the clearinghouse information through computer or telecommunications technology, as well as through the mails; and “(6) be able to provide examples, advice, and guidance to States, counties, cities, communities, antihunger groups, and local organizations regarding means of assisting individuals and communities to reduce reliance on government programs, reduce hunger, improve nutrition, and otherwise assist low-income individuals and communities become more self-sufficient. “(c) Audits.— The Secretary shall establish fair and reasonable auditing procedures regarding the expenditures of funds to carry out this section. “(d) Funding.— Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to the Secretary to provide to the organization selected under this section, to establish and maintain the information clearinghouse, $200,000 for each of fiscal years 1995 and 1996, $150,000 for fiscal year 1997, and $100,000 for fiscal year 1998. The Secretary shall be entitled to receive the funds and shall accept the funds.”. SEC. 124. GUIDANCE AND GRANTS FOR ACCOMMODATING SPECIAL DIETARY NEEDS OF CHILDREN WITH DISABILITIES. The National School Lunch Act (42 U.S.C. 1751 et seq.) (as amended by section 123) is further amended by adding at the end the following new section: “SEC. 27. GUIDANCE AND GRANTS FOR ACCOMMODATING SPECIAL DIETARY NEEDS OF CHILDREN WITH DISABILITIES. “(a) Definitions.— As used in this section: “(1) Children with disabilities.— The term ‘children with disabilities’ means individuals, each of whom is— “(A) a participant in a covered program; and “(B) an individual with a disability, as defined in section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) for purposes of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). “(2) Covered program.— The term ‘covered program’ means— “(A) the school lunch program established under this Act; “(B) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and “(C) any other program established under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that the Secretary determines is appropriate. “(3) Eligible entity.— The term ‘eligible entity’ means a school food service authority, or an institution or organization, that participates in a covered program. “(b) Guidance.— “(1) Development.— The Secretary, in consultation with the Attorney General and the Secretary of Education, shall develop and approve guidance for accommodating the medical and special dietary needs of children with disabilities under covered programs in a manner that is consistent with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). “(2) Timing.— In the case of the school lunch program established under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the Secretary shall develop the guidance as required by paragraph (1) not later than 150 days after the date of enactment of this section. “(3) Distribution.— Not later than 60 days after the date that the development of the guidance relating to a covered program is completed, the Secretary shall distribute the guid-ance to school food service authorities, and institutions and organizations, participating in the covered program. “(4) Revision of guidance.— The Secretary, in consultation with the Attorney General and the Secretary of Education, shall periodically update and approve the guidances to reflect new scientific information and comments and suggestions from persons carrying out covered programs, recognized medical authorities, parents, and other persons. “(c) Grants.— “(1) In general.— Subject to the availability of appropriations provided in advance to carry out this subsection, the Secretary shall make grants on a competitive basis to State educational agencies for distribution to eligible entities to assist the eligible entities with nonrecurring expenses incurred in accommodating the medical and special dietary needs of children with disabilities in a manner that is consistent with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). “(2) Additional assistance.— Subject to paragraph (3)(A)(iii), assistance received through grants made under this subsection shall be in addition to any other assistance that State educational agencies and eligible entities would otherwise receive. “(3) Allocation by secretary.— “(A) Preference.— In making grants under this subsection for any fiscal year, the Secretary shall provide a preference to State educational agencies that, individually— “(i) submit to the Secretary a plan for accommodating the needs described in paragraph (1), including a description of the purpose of the project for which the agency seeks such a grant, a budget for the project, and a justification for the budget; “(ii) provide to the Secretary data demonstrating that the State served by the agency has a substantial percentage of children with medical or special dietary needs, and information explaining the basis for the data; or “(iii) demonstrate to the satisfaction of the Secretary that the activities supported through such a grant will be coordinated with activities supported under other Federal, State, and local programs, including— “(I) activities carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); “(II) activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and “(III) activities carried out under section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) or by the food service management institute established under section 21. “(B) Reallocation.— The Secretary shall act in a timely manner to recover and reallocate to other States any amounts provided to a State educational agency under this subsection that are not used by the agency within a reasonable period (as determined by the Secretary). “(C) Applications.— The Secretary shall allow State educational agencies to apply on an annual basis for assistance under this subsection. “(4) Allocation by state educational agencies.— In allocating funds made available under this subsection within a State, the State educational agency shall give a preference to eligible entities that demonstrate the greatest ability to use the funds to carry out the plan submitted by the State in accordance with paragraph (3)(A)(i). “(5) Maintenance of effort.— Expenditures of funds from State and local sources to accommodate the needs described in paragraph (1) shall not be diminished as a result of grants received under this subsection. “(6) Authorization of appropriations.— There are authorized to be appropriated $1,000,000 for each of fiscal years 1995 through 1998 to carry out this subsection.”. SEC. 125. STUDY OF ADULTERATION OF JUICE PRODUCTS SOLD TO SCHOOL MEAL PROGRAMS (a) In General.— The Comptroller General of the United States shall conduct a study of the costs and problems associated with the sale of adulterated fruit juice and juice products to the school lunch program under the National School Lunch Act (42 U.S.C. 1751 et seq.) and school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), including a study of— (1) the nature and extent to which juice products have been and are currently being adulterated; (2) the adequacy of current requirements and standards to preclude manufacturers from processing adulterated products for school meal programs; (3) the availability and effectiveness of various detection methods and testing procedures used to identify adulterated juice products; (4) the adequacy of existing enforcement mechanisms and efforts to detect and prosecute manufacturers of adulterated juice products; (5) the economic effect of the sale of adulterated juice products on the school meal program and on manufacturers of the products; and (6) the effect alternative mandatory inspection methods would have on program costs and various purchasing options. (b) Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the study conducted under subsection (a) (including any related recommendations) to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

35. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(a) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(a)

    Pub. L. 104–193, § 705(a), substituted “be available at any reasonable time” for “at all times be available”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–193, § 705(a), substituted “be available at any reasonable time” for “at all times be available”.

    Enacted provision · exact public law section
    (a) Accounts and Records.— The second sentence of section 12(a) of the National School Lunch Act (42 U.S.C. 1760(a)) is amended by striking “at all times be available” and inserting “be available at any reasonable time”.

36. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(b) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(c)

    Pub. L. 104–193, § 705(b), substituted “the Secretary shall not” for “neither the Secretary nor the State shall”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–193, § 705(b), substituted “the Secretary shall not” for “neither the Secretary nor the State shall”.

    Enacted provision · exact public law section
    (b) Restriction on Requirements.— Section 12(c) of the National School Lunch Act (42 U.S.C. 1760(c)) is amended by striking “neither the Secretary nor the State shall” and inserting “the Secretary shall not”.

37. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(1)

    Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1). Former par. (1) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1). Former par. (1) redesignated (6).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

38. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(d)(1)

    Pub. L. 104–193, § 705(c)(1), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 705(c)(1), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “the Trust Territory of the Pacific Islands” and inserting “the Commonwealth of the Northern Mariana Islands”;

39. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(2)

    Pub. L. 104–193, § 705(c)(3), redesignated par. (7) as (2). Former par. (2) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 104–193, § 705(c)(3), redesignated par. (7) as (2). Former par. (2) redesignated (7).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

40. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(2) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1760(d)(3)

       Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (5) as (3)

    2. Struck · 42 U.S.C. § 1760(d)(3)

       Pub. L. 104–193, § 705(c)(2), (3), struck out former par. (3) which read as follows: “ ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 1758 of this title, served in the fiscal year beginning two years immediately prior to the fiscal year for which the Federal funds are appropriated by schools participating in the program under this chapter in the State, as determined by the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “ ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 1758 of this title, served in the fiscal year beginning two years immediately prior to the fiscal year for which the Federal funds are appropriated by schools participating in the program under this chapter in the State, as determined by the Secretary.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (3) and (4); and

41. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(2) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1760(d)(4)

       Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (6) as (4)

    2. Struck · 42 U.S.C. § 1760(d)(4)

       Pub. L. 104–193, § 705(c)(2), (3), struck out former par. (4) which read as follows: “ ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case of any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967.”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 104–193, § 705(c)(2), (3), redesignated par. (6) as (4) and struck out former par. (4) which read as follows: “ ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case of any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (3) and (4); and

42. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(5)

    Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5). Former par. (5) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5). Former par. (5) redesignated (3).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

43. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(6); 42 U.S.C. § 1760(d)(7)

    Pub. L. 104–193, § 705(c)(3), redesignated pars. (1) and (2) as (6) and (7), respectively. Former pars. (6) and (7) redesignated (4) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(6), (7). Pub. L. 104–193, § 705(c)(3), redesignated pars. (1) and (2) as (6) and (7), respectively. Former pars. (6) and (7) redesignated (4) and (2), respectively.

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

44. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(8)

    Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5)

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 104–193, § 705(c)(3), redesignated par. (8) as (5).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

45. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(c)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(d)(9)

    Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1)

    Source evidence

    Code amendment note
    Subsec. (d)(9). Pub. L. 104–193, § 705(c)(3), redesignated par. (9) as (1).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (1), (2), and (5) through (9) as paragraphs (6), (7), (3), (4), (2), (5), and (1), respectively, and rearranging the paragraphs so as to appear in numerical order.

46. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 701(b) · 110 Stat. 2105

    Added · 42 U.S.C. § 1760(d)(9)

    Pub. L. 104–193, § 701(b), added par. (9)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 701(b), added par. (9).

    Enacted provision · exact public law section
    (b) Definition of Child.— Section 12(d) of the National School Lunch Act (42 U.S.C. 1760(d)) is amended by adding at the end the following: “(9) Child.— “(A) In general.— The term ‘child’ includes an individual, regardless of age, who— “(i) is determined by a State educational agency, in accordance with regulations prescribed by the Secretary, to have one or more mental or physical disabilities; and “(ii) is attending any institution, as defined in section 17(a), or any nonresidential public or nonprofit private school of high school grade or under, for the purpose of participating in a school program established for individuals with mental or physical disabilities. “(B) Relationship to child and adult care food program.— No institution that is not otherwise eligible to participate in the program under section 17 shall be considered eligible because of this paragraph.”.

47. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(d) · 110 Stat. 2105

    Struck · 42 U.S.C. § 1760(f)

    Pub. L. 104–193, § 705(d), struck out “the Trust Territory of the Pacific Islands,” after “the Virgin Islands of the United States,”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–193, § 705(d), struck out “the Trust Territory of the Pacific Islands,” after “the Virgin Islands of the United States,”.

    Enacted provision · exact public law section
    (d) Adjustments to National Average Payment Rates.— Section 12(f) of the National School Lunch Act (42 U.S.C. 1760(f)) is amended by striking “the Trust Territory of the Pacific Islands,”.

48. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(e)(3) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(k)(1)

    Pub. L. 104–193, § 705(e)(3), substituted “with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7” for “with the Guidelines” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (k)(1). Pub. L. 104–193, § 705(e)(3), substituted “with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7” for “with the Guidelines” in introductory provisions.

    Enacted provision · exact public law section
    (3) in paragraph (1), as redesignated by paragraph (2), by striking “Guidelines” and inserting “guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341)”.

49. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(e)(1) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1760(k)(1)

       Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (3) as (1)

    2. Struck · 42 U.S.C. § 1760(k)(1)

       Pub. L. 104–193, § 705(e)(1), (2), struck out former par. (1) which read as follows: “Prior to the publication of final regulations that implement changes that are intended to bring the meal pattern requirements of the school lunch and breakfast programs into conformance with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7 (referred to in this subsection as the ‘Guidelines’), the Secretary shall issue proposed regulations permitting the use of food-based menu systems.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “Prior to the publication of final regulations that implement changes that are intended to bring the meal pattern requirements of the school lunch and breakfast programs into conformance with the guidelines contained in the most recent ‘Dietary Guidelines for Americans’ that is published under section 5341 of title 7 (referred to in this subsection as the ‘Guidelines’), the Secretary shall issue proposed regulations permitting the use of food-based menu systems.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), and (5);

50. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(e)(1) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1760(k)(2)

       Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (4) as (2)

    2. Struck · 42 U.S.C. § 1760(k)(2)

       Pub. L. 104–193, § 705(e)(1), (2), struck out former par. (2) which read as follows: “Notwithstanding chapter 5 of title 5, not later than 45 days after the publication of the proposed regulations permitting the use of food-based menu systems, the Secretary shall publish notice in the Federal Register of, and hold, a public meeting with—

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 104–193, § 705(e)(1), (2), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “Notwithstanding chapter 5 of title 5, not later than 45 days after the publication of the proposed regulations permitting the use of food-based menu systems, the Secretary shall publish notice in the Federal Register of, and hold, a public meeting with—

    “(A) representatives of affected parties, such as Federal, State, and local administrators, school food service administrators, other school food service personnel, parents, and teachers; and “(B) organizations representing affected parties, such as public interest antihunger organizations, doctors specializing in pediatric nutrition, health and consumer groups, commodity groups, food manufacturers and vendors, and nutritionists involved with the implementation and operation of programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); to discuss and obtain public comments on the proposed rule.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), and (5);

51. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(e)(2) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(k)(3); 42 U.S.C. § 1760(k)(4)

    Pub. L. 104–193, § 705(e)(2), redesignated pars. (3) and (4) as (1) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (k)(3), (4). Pub. L. 104–193, § 705(e)(2), redesignated pars. (3) and (4) as (1) and (2), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; and

52. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(e)(1) · 110 Stat. 2105

    Struck · 42 U.S.C. § 1760(k)(5)

    Pub. L. 104–193, § 705(e)(1), struck out par. (5) which read as follows: “The final regulations shall reflect comments made at each phase of the proposed rulemaking process, including the public meeting required under paragraph (2).”

    Source evidence

    Code amendment note
    Subsec. (k)(5). Pub. L. 104–193, § 705(e)(1), struck out par. (5) which read as follows: “The final regulations shall reflect comments made at each phase of the proposed rulemaking process, including the public meeting required under paragraph (2).”

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), and (5);

53. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(1) · 110 Stat. 2105

    1. Struck · 42 U.S.C. § 1760(l)(2)(A)(iii)(vii)

       Pub. L. 104–193, § 705(f)(1), struck out “and” at end of cl. (iii)

    2. Substituted · 42 U.S.C. § 1760(l)(2)(A)(iii)(vii)

       Pub. L. 104–193, § 705(f)(1), substituted period for semicolon at end of cl. (iv)

    3. Struck · 42 U.S.C. § 1760(l)(2)(A)(iii)(vii)

       Pub. L. 104–193, § 705(f)(1), struck out cls. (v) to (vii) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104–193, § 705(f)(1), struck out “and” at end of cl. (iii), substituted period for semicolon at end of cl. (iv), and struck out cls. (v) to (vii) which read as follows:

    “(v) describes the management goals to be achieved, such as fewer hours devoted to, or fewer number of personnel involved in, the administration of the program; “(vi) provides a timetable for implementing the waiver; and “(vii) describes the process the State or eligible service provider will use to monitor the progress in implementing the waiver, including the process for monitoring the cost implications of the waiver to the Federal Government.”

    Enacted provision · exact public law section
    (1) in paragraph (2)(A)— (A) in clause (iii), by adding “and” at the end; (B) in clause (iv), by striking the semicolon at the end and inserting a period; and (C) by striking clauses (v) through (vii);

54. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(2) · 110 Stat. 2105

    1. Amended · 42 U.S.C. § 1760(l)(3)

       Pub. L. 104–193, § 705(f)(2), designated subpar. (A) as par. (3)

    2. Struck · 42 U.S.C. § 1760(l)(3)

       Pub. L. 104–193, § 705(f)(2), struck out subpars. (B) to (D) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (l)(3). Pub. L. 104–193, § 705(f)(2), designated subpar. (A) as par. (3) and struck out subpars. (B) to (D) which read as follows:

    “(B) If the Secretary grants a waiver request, the Secretary shall state in writing the expected outcome of granting the waiver. “(C) The result of the decision of the Secretary shall be disseminated by the State or eligible service provider through normal means of communication. “(D)(i) Except as provided in clause (ii), a waiver granted by the Secretary under this subsection shall be for a period not to exceed 3 years. “(ii) The Secretary may extend the period if the Secretary determines that the waiver has been effective in enabling the State or eligible service provider to carry out the purposes of the program.”

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) in subparagraph (A), by striking “(A)”; and (B) by striking subparagraphs (B) through (D);

55. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(3)(A) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(l)(4)

    Pub. L. 104–193, § 705(f)(3)(A), substituted “that increases Federal costs or that relates to” for “of any requirement relating to” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (l)(4). Pub. L. 104–193, § 705(f)(3)(A), substituted “that increases Federal costs or that relates to” for “of any requirement relating to” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by striking “of any requirement relating” and inserting “that increases Federal costs or that relates”;

56. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(3)(B) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1760(l)(4)(D)(K)

       Pub. L. 104–193, § 705(f)(3)(B), (C), redesignated subpars. (E) to (L) as (D) to (K), respectively

    2. Struck · 42 U.S.C. § 1760(l)(4)(D)(K)

       Pub. L. 104–193, § 705(f)(3)(B), (C), struck out former subpar. (D) which read as follows: “offer versus serve provisions;”

    Source evidence

    Code amendment note
    Subsec. (l)(4)(D) to (K). Pub. L. 104–193, § 705(f)(3)(B), (C), redesignated subpars. (E) to (L) as (D) to (K), respectively, and struck out former subpar. (D) which read as follows: “offer versus serve provisions;”.

    Enacted provision · exact public law section
    (B) by striking subparagraph (D);

57. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(3)(D) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1760(l)(4)(L)

    Pub. L. 104–193, § 705(f)(3)(D), substituted “or” for “and” at end

    Source evidence

    Code amendment note
    Subsec. (l)(4)(L). Pub. L. 104–193, § 705(f)(3)(D), substituted “or” for “and” at end.

    Enacted provision · exact public law section
    (D) in subparagraph (L), as redesignated by subparagraph (C), by striking “and” at the end and inserting “or”; and

58. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(3)(C) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(l)(4)(L)

    Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (M) as (L). Former subpar. (L) redesignated (K)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (M) as (L). Former subpar. (L) redesignated (K).

    Enacted provision · exact public law section
    (C) by redesignating subparagraphs (E) through (N) as subparagraphs (D) through (M), respectively; and

59. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(3)(C) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1760(l)(4)(M); 42 U.S.C. § 1760(l)(4)(N)

    Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L)

    Source evidence

    Code amendment note
    Subsec. (l)(4)(M), (N). Pub. L. 104–193, § 705(f)(3)(C), redesignated subpar. (N) as (M). Former subpar. (M) redesignated (L).

    Enacted provision · exact public law section
    (C) by redesignating subparagraphs (E) through (N) as subparagraphs (D) through (M), respectively; and

60. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 705(f)(4) · 110 Stat. 2105

    1. Struck · 42 U.S.C. § 1760(l)(6)

       Pub. L. 104–193, § 705(f)(4), struck out subpar. (A) and designation of subpar. (B)

    2. Redesignated · 42 U.S.C. § 1760(l)(6)

       Pub. L. 104–193, § 705(f)(4), redesignated cls. (i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to amendment, subpar. (A) read as follows:

    Source evidence

    Code amendment note
    Subsec. (l)(6). Pub. L. 104–193, § 705(f)(4), struck out subpar. (A) and designation of subpar. (B) and redesignated cls. (i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to amendment, subpar. (A) read as follows:

    “(A)(i) An eligible service provider that receives a waiver under this subsection shall annually submit to the State a report that— “(I) describes the use of the waiver by the eligible service provider; and “(II) evaluates how the waiver contributed to improved services to children served by the program for which the waiver was requested. “(ii) The State shall annually submit to the Secretary a report that summarizes all reports received by the State from eligible service providers.”

    Enacted provision · exact public law section
    (4) in paragraph (6)— (A) by striking “(A)(i)” and all that follows through “(B)”; and (B) by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively.

61. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 107(j)(3)(A)(i) · 112 Stat. 3143

    Struck · 42 U.S.C. § 1760(d)(1)(A)(i); 42 U.S.C. § 1760(d)(1)(A)(ii)

    Pub. L. 105–336, § 107(j)(3)(A)(i), struck out “mental or physical” before “disabilities”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i), (ii). Pub. L. 105–336, § 107(j)(3)(A)(i), struck out “mental or physical” before “disabilities”.

    Enacted provision · exact public law section
    (i) in paragraph (1)(A), by striking “mental or physical” each place it appears; and

62. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 107(j)(3)(A)(ii) · 112 Stat. 3143

    Added · 42 U.S.C. § 1760(d)(8)

    Pub. L. 105–336, § 107(j)(3)(A)(ii), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 105–336, § 107(j)(3)(A)(ii), added par. (8).

    Enacted provision · exact public law section
    (ii) by adding at the end the following: “(8) Disability.— The term ‘disability’ has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).”.

63. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 104(a) · 112 Stat. 3143

    1. Substituted · 42 U.S.C. § 1760(f)

       Pub. L. 105–336, § 104(a), substituted “breakfasts, lunches, suppers, and supplements” for “school breakfasts and lunches”

    2. Substituted · 42 U.S.C. § 1760(f)

       Pub. L. 105–336, § 104(a), substituted “sections 1753, 1759a, 1761, and 1766” for “sections 1753 and 1759a”

    3. Substituted · 42 U.S.C. § 1760(f)

       Pub. L. 105–336, § 104(a), substituted “meals and supplements” for “lunches and breakfasts” in two places

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–336, § 104(a), substituted “breakfasts, lunches, suppers, and supplements” for “school breakfasts and lunches”, substituted “sections 1753, 1759a, 1761, and 1766” for “sections 1753 and 1759a”, and substituted “meals and supplements” for “lunches and breakfasts” in two places.

    Enacted provision · exact public law section
    (a) Adjustments to Reimbursement Rates.— Section 12(f) of the National School Lunch Act (42 U.S.C. 1760(f)) is amended— (1) by striking “school breakfasts and lunches” and inserting “breakfasts, lunches, suppers, and supplements”; (2) by striking “sections 4 and 11” and inserting “sections 4, 11,13, and 17”; and (3) by striking “lunches and breakfasts” each place it appears and inserting “meals and supplements”.

64. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 104(b) · 112 Stat. 3143

    Substituted · 42 U.S.C. § 1760(g)

    Pub. L. 105–336, § 104(b), substituted “$25,000” for “$10,000”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–336, § 104(b), substituted “$25,000” for “$10,000”.

    Enacted provision · exact public law section
    (b) Criminal Penalties.— Section 12(g) of the National School Lunch Act (42 U.S.C. 1760(g)) is amended by striking “$10,000” and inserting “$25,000”.

65. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 104(c) · 112 Stat. 3143

    Substituted · 42 U.S.C. § 1760(m)(3); 42 U.S.C. § 1760(m)(5)

    Pub. L. 105–336, § 104(c), substituted “2003” for “1998”

    Source evidence

    Code amendment note
    Subsec. (m)(3), (5). Pub. L. 105–336, § 104(c), substituted “2003” for “1998”.

    Enacted provision · exact public law section
    (c) Food and Nutrition Projects.— Section 12(m) of the National School Lunch Act (42 U.S.C. 1760(m)) is amended by striking “1998” each place it appears and inserting “2003”.

66. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 104(d) · 112 Stat. 3143

    Added · 42 U.S.C. § 1760(n)

    Pub. L. 105–336, § 104(d), added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 105–336, § 104(d), added subsec. (n).

    Enacted provision · exact public law section
    (d) Buy American.— Section 12 of the National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: “(n) Buy American.— “(1) Definition of domestic commodity or product.— In this subsection, the term ‘domestic commodity or product’ means— “(A) an agricultural commodity that is produced in the United States; and “(B) a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. “(2) Requirement.— “(A) In general.— Subject to subparagraph (B), the Secretary shall require that a school food authority purchase, to the maximum extent practicable, domestic commodities or products. “(B) Limitations.— Subparagraph (A) shall apply Applicability. only to— “(i) a school food authority located in the contiguous United States; and “(ii) a purchase of a domestic commodity or product for the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). “(3) Applicability to hawaii.— Paragraph (2)(A) shall apply to a school food authority in Hawaii with respect to domestic commodities or products that are produced in Hawaii in sufficient quantities to meet the needs of meals provided under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).”.

67. 1998

    William F. Goodling Child Nutrition Reauthorization Act of 1998

    Pub. L. 105–336 § 104(e) · 112 Stat. 3143

    Added · 42 U.S.C. § 1760(o)

    Pub. L. 105–336, § 104(e), added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 105–336, § 104(e), added subsec. (o).

    Enacted provision · exact public law section
    (e) Procurement Contracts.— Section 12 of the National School Lunch Act (42 U.S.C. 1760), as amended by subsection (d), is further amended by adding at the end the following: “(o) Procurement Contracts.— In acquiring a good or service for programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), a State, State agency, school, or school food authority may enter into a contract with a person that has provided specification information to the State, State agency, school, or school food authority for use in developing contract specifications for acquiring such good or service.”.

68. 2000

    Agricultural Risk Protection Act of 2000

    Pub. L. 106–224 title II § 242(b)(3) · 114 Stat. 358

    Added · 42 U.S.C. § 1760(p)

    Pub. L. 106–224 added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 106–224 added subsec. (p).

    Enacted provision · exact public law section
    (3) Grant for demonstration project.— Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: “(p) Grant for Demonstration Project.— “(1) Use of funds for wic demonstration project.— “(A) In general.— The Secretary shall make grants of funds under this subsection to a State— “(i) for purposes that include carrying out the demonstration project under section 17(r) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(r)); and “(ii) for the purpose described in clause (i), in amounts not to exceed $10,000 for each fiscal year for each site in the State. “(B) Apportionment.— A State that receives a grant under subparagraph (A) shall apportion the funds received to ensure that each site in the State receives not more than $10,000 for any fiscal year. “(2) Evaluations of demonstration project.— The Secretary shall conduct an evaluation of the demonstration project and grant program for identification and enrollment efforts funded under this subsection that include a determination of— “(A) the number of children enrolled as a result of the enactment of this subsection; “(B) the income levels of the families of enrolled children; “(C) the cost of identification and enrollment assistance services provided under the project or grant program; “(D) the effect on the caseloads of local agencies that carry out the special supplemental nutrition program for woman, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and “(E) such other factors as the Secretary determines to be appropriate. “(3) Funding.— “(A) In general.— Out of any moneys in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary to carry out this subsection $1,000,000 for the period of fiscal years 2001 through 2004, to remain available until expended but not later than September 30, 2004. “(B) Receipt and acceptance.— The Secretary shall be entitled to receive the funds and shall accept the funds provided under subparagraph (A), without further appropriation.”.

69. 2002

    Pub. L. 107–171 title IV § 4304 · 116 Stat. 134

    Added · 42 U.S.C. § 1760(n)(4)

    Pub. L. 107–171 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (n)(4). Pub. L. 107–171 added par. (4).

    Enacted provision · exact public law section
    SEC. 4304. APPLICABILITY OF BUY-AMERICAN REQUIREMENT TO PUERTO RICO. Section 12(n) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)) is amended by adding at the end the following: “(4) Applicability to Puerto rico.— Paragraph (2)(A) shall apply to a school food authority in the Commonwealth of Puerto Rico with respect to domestic commodities or products that are produced in the Commonwealth of Puerto Rico in sufficient quantities to meet the needs of meals provided under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).”.

70. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 108(b) · 118 Stat. 729

    1. Redesignated · 42 U.S.C. § 1760(d)(3)(9)

       Pub. L. 108–265, § 108(b), redesignated par. (8) as (3)

    2. Added · 42 U.S.C. § 1760(d)(3)(9)

       Pub. L. 108–265, § 108(b), added par. (4)

    3. Redesignated · 42 U.S.C. § 1760(d)(3)(9)

       Pub. L. 108–265, § 108(b), redesignated former pars. (3) to (7) as (5) to (9), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(3) to (9). Pub. L. 108–265, § 108(b), redesignated par. (8) as (3), added par. (4), and redesignated former pars. (3) to (7) as (5) to (9), respectively.

    Enacted provision · exact public law section
    (b) Definition of Local Educational Agency.— Section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) is amended— (1) by redesignating paragraph (8) as paragraph (3) and moving the paragraph to appear after paragraph (2); (2) by redesignating paragraphs (3) through (7) (as those paragraphs existed before the amendment made by paragraph (1)) as paragraphs (5) through (9), respectively; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: “(4) Local educational agency.— “(A) In general.— The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). “(B) Inclusion.— The term ‘local educational agency’ includes, in the case of a private nonprofit school, an appropriate entity determined by the Secretary.” .

71. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 115 · 118 Stat. 729

    Added · 42 U.S.C. § 1760(m)

    Pub. L. 108–265, § 115, added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 108–265, § 115, added subsec. (m).

    Enacted provision · exact public law section
    SEC. 115. PROCUREMENT TRAINING.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 114) is amended by inserting after subsection (l) the following: “(m) Procurement Training.— “(1) In general.— Subject to the availability of funds made available under paragraph (4), the Secretary shall provide technical assistance and training to States, State agencies, schools, and school food authorities in the procurement of goods and services for programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)). “(2) Buy american training.— Activities carried out under paragraph (1) shall include technical assistance and training to ensure compliance with subsection (n). “(3) Procuring safe foods.— Activities carried out under paragraph (1) shall include technical assistance and training on procuring safe foods, including the use of model specifications for procuring safe foods. “(4) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2005 through 2009, to remain available until expended.” .

72. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 114 · 118 Stat. 729

    Struck · 42 U.S.C. § 1760(m)

    Pub. L. 108–265, § 114, struck out subsec. (m), which related to grants for food and nutrition projects for each of fiscal years 1995 through 2003

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–265, § 114, struck out subsec. (m), which related to grants for food and nutrition projects for each of fiscal years 1995 through 2003.

    Enacted provision · exact public law section
    SEC. 114. FOOD AND NUTRITION PROJECTS INTEGRATED WITH ELEMENTARY SCHOOL CURRICULA.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (m).

73. 2004

    Child Nutrition and WIC Reauthorization Act of 2004

    Pub. L. 108–265 § 203(i)(2) · 118 Stat. 729

    Struck · 42 U.S.C. § 1760(p)

    Pub. L. 108–265, § 203(i)(2), struck out subsec. (p), which authorized grants for carrying out the demonstration project under section 1786(r) of this title and directed the Secretary to conduct an evaluation of such project and grant program

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 108–265, § 203(i)(2), struck out subsec. (p), which authorized grants for carrying out the demonstration project under section 1786(r) of this title and directed the Secretary to conduct an evaluation of such project and grant program.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (p).

74. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 361 · 124 Stat. 3183

    1. Added · 42 U.S.C. § 1760(b)

       Pub. L. 111–296, § 361, added subsec. (b)

    2. Struck · 42 U.S.C. § 1760(b)

       Pub. L. 111–296, § 361, struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary shall incorporate, in the Secretary’s agreements with the State educational agencies, the express requirements under this chapter with respect to the operation of the school lunch program under this chapter insofar as they may be applicable and such other provisions as in the Secretary’s opinion are reasonably necessary or appropriate to effectuate the purposes of this chapter.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–296, § 361, added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary shall incorporate, in the Secretary’s agreements with the State educational agencies, the express requirements under this chapter with respect to the operation of the school lunch program under this chapter insofar as they may be applicable and such other provisions as in the Secretary’s opinion are reasonably necessary or appropriate to effectuate the purposes of this chapter.”

    Enacted provision · exact public law section
    SEC. 361. FULL USE OF FEDERAL FUNDS.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (b) and inserting the following: “(b) Agreements.— “(1) In general.— The Secretary shall incorporate, in the agreement of the Secretary with the State agencies administering programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express requirements with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). “(2) Expectations for use of funds.— Agreements described in paragraph (1) shall include a provision that— “(A) supports full use of Federal funds provided to State agencies for the administration of programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and “(B) excludes the Federal funds from State budget restrictions or limitations including, at a minimum— “(i) hiring freezes; “(ii) work furloughs; and “(iii) travel restrictions.” .

75. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 441(a)(4) · 124 Stat. 3183

    Struck · 42 U.S.C. § 1760(k)

    Pub. L. 111–296, § 441(a)(4), struck out subsec. (k) which related to expedited rulemaking

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 111–296, § 441(a)(4), struck out subsec. (k) which related to expedited rulemaking.

    Enacted provision · exact public law section
    (4) 1995 regulations to implement dietary guidelines.— Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (k).

76. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 403 · 124 Stat. 3183

    Substituted · 42 U.S.C. § 1760(m)(4)

    Pub. L. 111–296, § 403, substituted “2010 through 2015” for “2005 through 2009”

    Source evidence

    Code amendment note
    Subsec. (m)(4). Pub. L. 111–296, § 403, substituted “2010 through 2015” for “2005 through 2009”.

    Enacted provision · exact public law section
    SEC. 403. PROCUREMENT TRAINING.   Section 12(m)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(m)(4)) is amended by striking “2005 through 2009” and inserting “2010 through 2015”.

77. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 205 · 124 Stat. 3183

    Added · 42 U.S.C. § 1760(p)

    Pub. L. 111–296, § 205, added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 111–296, § 205, added subsec. (p).

    Enacted provision · exact public law section
    SEC. 205. EQUITY IN SCHOOL LUNCH PRICING.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: “(p) Price for a Paid Lunch.— “(1) Definition of paid lunch.— In this subsection, the term ‘paid lunch’ means a reimbursable lunch served to students who are not certified to receive free or reduced price meals. “(2) Requirement.— “(A) In general.— For each school year beginning July 1, 2011, each school food authority shall establish a price for paid lunches in accordance with this subsection. “(B) Lower price.— “(i) In general.— In the case of a school food authority that established a price for a paid lunch in the previous school year that was less than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not less than the price charged in the previous school year, as adjusted by a percentage equal to the sum obtained by adding— “(I) 2 percent; and “(II) the percentage change in the Consumer Price Index for All Urban Consumers (food away from home index) used to increase the Federal reimbursement rate under section 11 for the most recent school year for which data are available, as published in the Federal Register. “(ii) Rounding.— A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents. “(iii) Maximum required price increase.— “(I) In general.— The maximum annual average price increase required to meet the requirements of this subparagraph shall not exceed 10 cents for any school food authority. “(II) Discretionary increase.— A school food authority may increase the average price for a paid lunch for a school year by more than 10 cents. “(C) Equal or greater price.— “(i) In general.— In the case of a school food authority that established an average price for a paid lunch in the previous school year that was equal to or greater than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not less than the difference between the total Federal reimbursement for a free lunch and the total Federal reimbursement for a paid lunch. “(ii) Rounding.— A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents. “(3) Exceptions.— “(A) Reduction in price.— A school food authority may reduce the average price of a paid lunch established under this subsection if the State agency ensures that funding from non-Federal sources (other than in-kind contributions) is added to the nonprofit school food service account of the school food authority in an amount estimated to be equal to at least the difference between— “(i) the average price required of the school food authority for the paid lunches under paragraph (2); and “(ii) the average price charged by the school food authority for the paid lunches. “(B) Non-federal sources.— For the purposes of subparagraph (A), non-Federal sources does not include revenue from the sale of foods sold in competition with meals served under the school lunch program authorized under this Act or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). “(C) Other programs.— This subsection shall not apply to lunches provided under section 17 of this Act. “(4) Regulations.— The Secretary shall establish procedures to carry out this subsection, including collecting and publishing the prices that school food authorities charge for paid meals on an annual basis and procedures that allow school food authorities to average the pricing of paid lunches at schools throughout the jurisdiction of the school food authority.” .

78. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 206 · 124 Stat. 3183

    Added · 42 U.S.C. § 1760(q)

    Pub. L. 111–296, § 206, added subsec. (q)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 111–296, § 206, added subsec. (q).

    Enacted provision · exact public law section
    SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 205) is amended by adding at the end the following: “(q) Nonprogram Food Sales.— “(1) Definition of nonprogram food.— In this subsection: “(A) In general.— The term ‘nonprogram food’ means food that is— “(i) sold in a participating school other than a reimbursable meal provided under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and “(ii) purchased using funds from the nonprofit school food service account of the school food authority of the school. “(B) Inclusion.— The term ‘nonprogram food’ includes food that is sold in competition with a program established under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). “(2) Revenues.— “(A) In general.— The proportion of total school food service revenue provided by the sale of nonprogram foods to the total revenue of the school food service account shall be equal to or greater than the proportion of total food costs associated with obtaining nonprogram foods to the total costs associated with obtaining program and nonprogram foods from the account. “(B) Accrual.— All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service account of a participating school food authority. “(C) Effective date.— This subsection shall be effective beginning on July 1, 2011.” .

79. 2010

    Healthy, Hunger-Free Kids Act of 2010

    Pub. L. 111–296 § 362 · 124 Stat. 3183

    Added · 42 U.S.C. § 1760(r)

    Pub. L. 111–296, § 362, added subsec. (r)

    Source evidence

    Code amendment note
    Subsec. (r). Pub. L. 111–296, § 362, added subsec. (r).

    Enacted provision · exact public law section
    SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.   Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 206) is amended by adding at the end the following: “(r) Disqualified Schools, Institutions, and Individuals.— Any school, institution, service institution, facility, or individual that has been terminated from any program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list of disqualified institutions and individuals under section 13 or section 17(d)(5)(E) of this Act may not be approved to participate in or administer any program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).” .

80. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215(nnn) · 129 Stat. 1802

    Changed · 42 U.S.C. § 1760(d)(4)(A)

    Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

    Enacted provision · exact public law section
    (nnn) Richard B. Russell National School Lunch Act.— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

81. 2022

    Commerce, Justice, Science, and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 502(a)(1) · 136 Stat. 4459

    Inserted · 42 U.S.C. § 1760(b)

    Pub. L. 117–328, § 502(a)(1), inserted “and Indian Tribal organizations” after “State agencies” in pars. (1) and (2)(A)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–328, § 502(a)(1), inserted “and Indian Tribal organizations” after “State agencies” in pars. (1) and (2)(A).

    Enacted provision · exact public law section
    Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

82. 2022

    Commerce, Justice, Science, and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 502(a)(2) · 136 Stat. 4459

    Inserted · 42 U.S.C. § 1760(b)(2)(B)

    Pub. L. 117–328, § 502(a)(2), inserted “and Indian Tribal organization” before “budget” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 117–328, § 502(a)(2), inserted “and Indian Tribal organization” before “budget” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

94 of 104 references resolved to an enrolled provision · 4 partial · 6 unresolved